United States v. Dion A. Smack, A/K/A Dee Dion A. Smack

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal by defendant Dion A. Smack from a judgment in a criminal case. It has a complex, almost convoluted history, compounded by a poorly drafted and confusing application note to the U.S. Sentencing Guidelines. Although technically before us as an appeal, this case is at bottom a proceeding under 28 U.S.C. § 2255 because the real issue is whether, as Smack contends, counsel at his original plea and sentencing was ineffective in failing to bring to the Court’s attention at sentencing the terms of Application Note 12 of Sentencing Guideline…