Patrick Pierce v. United States

BEAM, Circuit Judge.

The government appeals the district court’s grant of 28 U.S.C. § 2255 habeas corpus relief to Patrick Pierce on the basis of ineffective assistance of counsel at sentencing resulting in an incorrectly calculated Guidelines range. We reverse.

I. BACKGROUND

In 2009, Pierce was charged with and pled guilty to being a felon in possession of ammunition, based upon an incident wherein Pierce fired shots in public, and continued to fire shots while leading police on a high speed chase through metro St. Louis. During the chase, Pierce threw the gun out of the car and it was…