United States Ninth Circuit

In a prosecution that resulted in convictions on charges of conspiracy to possess pseudoephedrine with intent to manufacture methamphetamine, distribution of 50 or more grams of actual methamphetamine, and a supervised release violation, the district court's denial of the prisoner's section 2255 motion to vacate the sentence imposed is reversed, where: 1) defense counsel's failure to anticipate that the offenses would be grouped for sentencing purposes and then advise the defendant to move to withdraw his agreement to plead guilty was constitutionally deficient; but 2) remand was necessary for the district court to consider whether the defendant was prejudiced by his counsel's performance; and 3) the government breached its plea agreement.

Appellate Information

• Decided 04/05/2012
• Published 04/05/2012

Judges

• Gould

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Matthew Campbell, Shawn N. Anderson