Sandra Calkins v. United States

I respectfully dissent. Because a lawyer’s failure to investigate the facts underlying a summary in a Presentence Investigation Report (PSR) can amount to ineffective assistance of counsel and the record does not clearly establish Sandra Calkins’ (Calkins) trial counsel investigated the facts underlying the number of victims and the loss amounts to individual investors as summarized in the PSR, I would reverse and remand for an eviden-tiary hearing because “[a]bsent ... clarity, an evidentiary hearing [on a 28 U.S.C. § 2255 motion] is required.” Latorre v. United States, 193 F.3d 1035, 1038…