Legal Opinion
United States v. Eric Stuart Harfst
Court of Appeals for the Tenth Circuit
Decided February 16, 1999No. 97-2283PublishedCited by 18 opinions
1Opinion of the Court
HOLLOWAY, Circuit Judge.
Defendant Eric Stuart Harfst appeals from the district court’s denial of his motion challenging his sentence pursuant to 28 U.S.C. § 2255. We conclude that because defendant may have a valid claim of ineffective assistance of trial counsel arising from counsel’s failure to properly present the claim that defendant was only a minor or minimal participant in the offense of which he was convicted, the case must be remanded for an evidentiary hearing on this issue.
I
Defendant entered a conditional guilty plea to possession with intent to distribute methamphetamine in…
2Cases cited26 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Stinson v. United StatesSupreme Court of the United States · 1993
- United States v. Marva Headley, A/K/A "Brenda"Court of Appeals for the Third Circuit · 1991
- United States v. Joe Luis SaucedoCourt of Appeals for the Tenth Circuit · 1991
- Anthony Rozelle Banks v. Dan M. Reynolds, Warden, Oklahoma State Penitentiary, McAlester Oklahoma Susan B. Loving, Attorney General of OklahomaCourt of Appeals for the Tenth Circuit · 1995
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3Cited by18 opinions
- Byrd v. WorkmanCourt of Appeals for the Tenth Circuit · 2011
- United States v. Salazar-SamaniegaCourt of Appeals for the Tenth Circuit · 2004
- United States v. Harry Jamar GordonCourt of Appeals for the Tenth Circuit · 1999
- United States v. Montoan-HerreraCourt of Appeals for the Tenth Circuit · 2003
- United States v. RuizDistrict Court, S.D. New York · 2002
13 more not listed; retrieve them via the Exa API.