Legal Opinion
David H. Swanson v. United States
Court of Appeals for the Seventh Circuit
Decided August 22, 2012No. 11-2338PublishedCited by 25 opinions
1Opinion of the Court
TINDER, Circuit Judge.
David Swanson alleges in a 28 U.S.C. § 2255 petition that his trial counsel abandoned a poorly developed but winning objection at sentencing that justifies a finding of ineffective assistance of counsel. But Swanson’s trial counsel did not abandon the objection; rather, his appellate counsel failed to raise it on direct appeal. Swanson does not challenge his appellate counsel’s effectiveness, and because trial counsel raised the objection in a sentencing memorandum (twice) and never withdrew it, we cannot conclude that his performance was objectively deficient. We affirm…
2Cases cited33 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. BookerSupreme Court of the United States · 2004
- Wyatt v. United StatesCourt of Appeals for the Seventh Circuit · 2009
- Vonaire T. Washington v. Judy Smith, Warden, Oshkosh Correctional InstitutionCourt of Appeals for the Seventh Circuit · 2000
- United States v. Rene Jaimes-JaimesCourt of Appeals for the Seventh Circuit · 2005
28 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. Jolon Carthorne, Sr.Court of Appeals for the Fourth Circuit · 2017
- David Resnick v. United StatesCourt of Appeals for the Seventh Circuit · 2021
- United States v. James KennedyCourt of Appeals for the Seventh Circuit · 2013
- United States v. Terry WalkerCourt of Appeals for the Seventh Circuit · 2018
- United States v. JohnsCourt of Appeals for the Seventh Circuit · 2013
20 more not listed; retrieve them via the Exa API.