Defendant pleaded guilty to conspiracy to distribute cocaine and during the sentencing hearing the district court found that a prior state cocaine conviction supported a recidivism enhancement that raised the maximum sentence from 20 years to 30 years in prison. The Seventh Circuit affirmed his conviction on direct appeal and defendant later sought section 2255 relief for ineffective assistance of counsel, arguing that his appellate, sentencing, and plea counsel were deficient for failing to argue that the enhancement was improper because the state conviction could not support a recidivism enhancement. The Seventh Circuit affirmed, finding that defendant failed to meet his burden of showing counsel’s performance was not objectively reasonable under the law at the time of his sentencing. (BRENNAN and JACKSON-AKIWUMI, concurring)
Federal 7th Circuit Court
Criminal Court
Sentencing