United States v. Stewart

Defendant-Appellant Bobby Stewart has appealed the denial of his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. He argues that the district court erred in denying his claim of ineffective assistance of counsel based on his attorney’s failure to question the type of methamphetamine used at his sentencing. Specifically, he argues that the PSR overstated the amount of methamphetamine and wrongly concluded that the methamphetamine found was the more severely punishable d-methamphetamine instead of the less severely punishable 1-methamphetamine.

To succeed in a §…