United States v. Benford

GRABER, Circuit Judge:

Defendant Curtis Jeffery Benford appeals his conviction and resulting 147-month sentence for armed robbery. We hold: (1) the absence of defense counsel from a short pretrial conference at which the pre-existing trial date was confirmed and at which nothing else of substance happened did not constitute per se ineffective assistance of counsel in violation of the Sixth Amendment; and (2) the sentencing court’s incorporation of a “brandished” finding in the presentence report and the court’s statement at sentencing that the defendant had “turned and pointed the handgun at…