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United States Ninth Circuit


US v. DAY, 00-56525

In a claim for denial of effective assistance of counsel, the district court erred in concluding that the defendant could not show prejudice by counsel's advice to forfeit sentence reduction in exchange for acceptance of responsibility; reversed and remanded for determination under Strickland test and re-sentencing.

Appellate Information

  • Argued 11/06/2001
  • Decided 04/10/2002
  • Published 04/10/2002

Judges

  • GOODWIN, Circuit Judge., Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • William S. Pitman, Beverly Hills, CA, for the defendant-appellant., Michael Terrell, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.
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