United States v. Mercedes-De la Cruz

LYNCH, Chief Judge.

This is the rare case in which we find on direct appeal that there was ineffective assistance of defense counsel and so vacate a conviction and remand for. further proceedings.

Defendant Cecilio Mercedes-De La Cruz appeals his conviction and sentence for conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine. Mercedes’ primary argument as to his conviction, made under two doctrines, is that the government agents who arrested him lacked probable cause to do so. First, Mercedes contends that the failure of the district court to…