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Gant v. US, 10-1574

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By FindLaw Staff on December 10, 2010 2:26 PM

Challenges to rensentencing following conviction for being a felon in possession of a firearm

Gant v. US, 10-1574, concerned a challenge to the district court's denial of defendant's request for habeas relief challenging the resentencing following a conviction for being a felon in possession of a firearm.

 

In affirming, the court held that, because defendant has failed to meet his burden to show that he requested his appellate counsel to file an appeal, this ineffective assistance of counsel claim lacks merit.  Aslo, defendant's claim that his appellate counsel was ineffective for failing to investigate and challenge his armed career criminal (ACC) classification is without merit.  Lastly, the court rejected defendant's claim that the district court erred when it classified him as an ACC as he did not bring this claim on appeal and has not established cause and prejudice.

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