U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Ineffective Assistance For Failure to Object to Use of Misdemeanor Offense

US v. Tucker, No. 08-6964, concerned a federal inmate's 28 U.S.C. section 2255 motion claiming that his counsel provided ineffective assistance in failing to object to the use of his misdemeanor assault and battery conviction as a predicate offense for purposes of sentencing him as an armed career criminal and for failing to appeal his sentence on this ground.

In vacating the district court's denial of the motion, the court held that defendant's counsel's failure to object to the use of the misdemeanor conviction as a predicate violent felony conviction was objectively unreasonable and this failure prejudiced defendant. 

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