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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.