Legal Opinion

United States v. John Baird

Court of Appeals for the Third Circuit

Decided June 26, 2000No. 16-3277PublishedCited by 55 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this section 2255 case, defendant contends that his trial counsel erred in failing to object at sentencing to the use of incriminating admissions made as part of a cooperation agreement with the government and immunized by U.S.S.G. § 1B1.8. We conclude that the government had promised that such information would not be used to increase the defendant’s punishment. Consequently, that material should not have been factored into the sentence. Whether counsel’s inaction at sentencing constitutes ineffective assistance requires a hearing. Accordingly, we…

2Cases cited35 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. New YorkSupreme Court of the United States · 1949
  3. Williams v. United StatesSupreme Court of the United States · 1992
  4. Burns v. United StatesSupreme Court of the United States · 1991
  5. United States v. Tyrone Anthony GrayCourt of Appeals for the Third Circuit · 1989

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3Cited by55 opinions

  1. United States v. Nicholas Panarella, Jr.Court of Appeals for the Third Circuit · 2002
  2. United States v. James Sylvester Milan, Jr. (02-6245) and Sharn Raynard Milan (02-6302)Court of Appeals for the Sixth Circuit · 2005
  3. United States v. Mike Linh PhamCourt of Appeals for the Eleventh Circuit · 2006
  4. United States v. WilliamsCourt of Appeals for the Third Circuit · 2007
  5. United States v. Isaac RiveraCourt of Appeals for the Third Circuit · 2004

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