Gaylord v. U.S.

Dist. Ct. erred in dismissing without conducting evidentiary hearing defendant’s section 2255 motion to set aside his 240-month term of incarceration on conspiracy to distribute oxycodone charge, where said sentence had been enhanced upon finding that defendant’s distribution of said drug resulted in victim’s death, and where defendant alleged that his trial counsel was ineffective for failing to object to said sentencing enhancement contained in defendant’s guilty plea because oxycodone he distributed was not shown to be “but-for” cause of victim’s death. Relevant postmortem and forensic pathology reports presented potential that something other than oxycodone was cause of death when they stated that cause of death was oxycodone and cocaine intoxication, and record was unclear as to whether trial counsel either was aware of but-for standard or had examined said reports. Moreover, instant potential error was potentially prejudicial to defendant, where his sentencing range was between 210 and 262 months imprisonment without said enhancement.