Groves v. U.S.

Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 12-3253
Decision Date: 
June 19, 2014
Federal District: 
N.D. Ind., S. Bend Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant’s motion to vacate his 240-month term of incarceration on unlawful possession of firearm and ammunition charges, where basis of motion was defendant’s claim that his counsel was ineffective for failing to object to pre-sentence report’s characterization of his 1995 burglary conviction as crime of violence and for failing to fulfill defendant’s request to plead guilty. Dist. Ct. found that defendant had actually rejected plea offer tendered to prior counsel, and instant counsel was not required to press any plea offer on defendant, where defendant had insisted to instant counsel that he wanted to go to trial. Moreover, present counsel’s failure to object to characterization of 1995 burglary conviction as crime of violence was appropriate under case law at time of sentencing.