United States v. Wayne Alfred Day
Court of Appeals for the Ninth Circuit
1Opinion of the Court
GOODWIN, Circuit Judge.
Wayne Day appeals the judgment denying his motion to vacate, set aside or correct sentence, filed pursuant to 28 U.S.C. § 2255. He contends that he was denied effective assistance of counsel. We have jurisdiction under 28 U.S.C. § 2253 and we reverse and remand for re-sentencing.
FACTUAL AND PROCEDURAL BACKGROUND
The charges against Day arose from two drug sales that he and his co-defendant made to a confidential informant. In the first transaction, Day sold powder cocaine and, in the second transaction, Day sold cocaine base (“crack” cocaine).
Day was indicted on three…
2Cases cited8 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Lockhart v. FretwellSupreme Court of the United States · 1993
- Nix v. WhitesideSupreme Court of the United States · 1986
- United States v. Michael Leslie BlaylockCourt of Appeals for the Ninth Circuit · 1994
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3Cited by24 opinions
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- Adetokunbo Adejumo v. United StatesCourt of Appeals for the Eighth Circuit · 2018
- In re: Sealed CaseCourt of Appeals for the D.C. Circuit · 2003
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