United States Fourth Circuit

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US v. Rangel, 13-7445

Defendant was convicted in 2010 of three counts relating to marijuana trafficking and sentenced to 121 months imprisonment. Defendant later filed a motion to vacated his conviction and sentence under 28 U.S.C. section 2255, alleging that his trial and appellate counsel had rendered constitutionally ineffective assistance, and the district court denied his motion. The judgment is affirmed, where: 1) trial counsel did not render constitutionally ineffective assistance by failing to request an instruction to determine drug weight based on Pinkerton principles under US v. Collins, as defendant has failed to demonstrate a reasonable probability of a different sentencing outcome; 2) similarly, defendant was not prejudiced by his appellate counsel's failure to raise the Collins error as an issue on direct appeal; and 3) defendant points to no argument or factor in sentencing that his counsel should have raised that the district court failed to consider and which might have changed its view, and thus defendant cannot establish prejudice to support his ineffective assistance of counsel claim.

Appellate Information

  • Decided 04/01/2015
  • Published 04/01/2015

Judges

  • Agee

Court

  • United States Fourth Circuit

Counsel

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