United States v. Donald Scribner, II

Defendant-Appellant Donald Raymond Scribner, II, filed a federal habeas petition under 28 U.S.C. § 2255, seeking to vacate his conviction and sentence on the ground that his trial counsel rendered ineffective assistance. Scribner asserted that his trial counsel failed to notify him of a sentencing enhancement that ultimately increased his sentence. Scribner argued that, but for this failure, he would have accepted a plea agreement with the government and received a reduced sentence. A magistrate judge held an evidentiary hearing on Scribner’s petition and, after hearing testimony, issued a…