· 8/21/1995
United States v. Jonathan E. Smith, A/K/A John Smith
Citations
- 62 F.3d 641
- 1995 U.S. App. LEXIS 23295
- 1995 WL 494265
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a motion for a new trial based on ineffective assistance must be filed within seven (now fourteen) days of a jury verdict
- holding that a defendant must move for new trial based on ineffective assistance of counsel within seven days of ver- dict
- holding claims of ineffective assistance are not properly raised on direct appeal unless the record conclusively discloses that the defendant received inadequate representation
- finding that time period for filing a new trial motion is jurisdictional
- remanding for resentencing after finding a § 3C1.1 enhancement improper because the district court failed to make adequate findings that the elements of perjury were met
- reversing enhancement where district court failed to specifically find the three elements of perjury or to “make a single global finding that encompassed the three essential elements”
Source: CourtListener parenthetical corpus (CC0).
Judges: Murnaghan, Michael, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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