United States v. Sylvan Abney

Opinion for the Court filed by Circuit Judge ROGERS.

Dissenting opinion filed by Circuit Judge BROWN.

*1082ROGERS, Circuit Judge:

In Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the Supreme Court identified the two-prong objective test for determining whether a defendant’s constitutional right to the effective assistance of counsel has been violated. Today that question arises in the context of a sentencing for possession of 68 grams of crack cocaine that occurred five days after Congress passed the Fair Sentencing Act (“FSA”), when Presidential approval was imminent…