United States Fifth Circuit

In a case where defendant was convicted of mail fraud and conspiracy, the district court's denial of defendant's motion for relief is reversed and sentence vacated where trial and appellate counsel were ineffective in failing to object and argue that his sentence was greater than the maximum set for the crime for which he was convicted.

Appellate Information

• Decided 10/30/2003
• Published 10/30/2003

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY and WIENER, Circuit Judges, and ROSENTHAL, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Mark Michael Dowd (argued), Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Andrew H. Schapiro (argued), Mayer, Brown, Rowe & Maw, New York City, for Defendant-Appellant.