Legal Opinion

United States v. Nickerson

Court of Appeals for the Ninth Circuit

Decided February 25, 2009No. 07-30382PublishedCited by 11 opinions

1Opinion of the Court

MILAN D. SMITH, JR., Circuit Judge:

Defendant-Appellant Damien Allen Nickerson was found guilty by a jury of Conspiracy to Distribute Methamphetamine in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 846, and sentenced to 210 months in prison. Nickerson claims that his attorney’s admitted violation of Montana Rules of Professional Conduct Rule 4.2 in the days before trial rendered her performance per se ineffective. We decline to adopt such a per se rule. Alternatively, Nickerson alleges that his attorney provided ineffective assistance of counsel under the standard of Strickland v.…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. William George Bonin v. Arthur Calderon, as Warden of San Quentin State Prison James Rowland, Director of the California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1995
  4. LaGrand v. StewartCourt of Appeals for the Ninth Circuit · 1998
  5. United States v. Deborah Jean RossCourt of Appeals for the Ninth Circuit · 2000

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3Cited by11 opinions

  1. Terry Bemore v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2015
  2. United States v. Sylvia Walter-EzeCourt of Appeals for the Ninth Circuit · 2017
  3. United States v. ThompsonCourt of Appeals for the Ninth Circuit · 2009
  4. Moore v. CHRONESDistrict Court, C.D. California · 2010
  5. (PC) Jackson v. MarleyDistrict Court, E.D. California · 2024

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