Brintley v. Singletary

Freeman Brintley petitions this court for a writ of habeas corpus. He contends, and we agree, that he received ineffective assistance of counsel in the direct appeal from his conviction and sentence for possession of firearm by convicted felon.1 Specifically, counsel neglected to contest the legality of Brintley’s ten-year prison sentence. We *1304now conclude that the sentence was erroneously imposed, requiring us to remand this case for resentencing.

The ten-year sentence represents a considerable departure from the range recommended under sentencing guidelines. However, we find no indication…