· 11/13/2003
United States v. Patricia Morris
Citations
- 350 F.3d 32
- 2003 U.S. App. LEXIS 23136
- 2003 WL 22673997
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that we may address an ineffective assistance claim on direct appeal by (1) declining to hear the claim in favor of a § 2255 petition, (2) remanding to the district court for factfinding, or (3
- rejecting double‐ counting argument because the defendant “offered nothing in the Sentencing Guidelines or relevant statutes reflecting an intent to preclude the double counting the District Court employed”
- noting a “baseline aversion to resolving ineffectiveness claims on direct review” (internal quotation marks omitted)
- noting our “baseline aversion” to resolving claims of ineffective assistance of counsel on direct review
- explaining that when an ineffective assistance of counsel claim is raised on direct appeal, this Court may, inter alia, 7 “decline to hear the claim, permitting the appellant to raise the issue as part of a subsequent petition for writ of habeas corpus”
- highlighting this Circuit’s “baseline aversion to resolving ineffectiveness claims on direct review”
Source: CourtListener parenthetical corpus (CC0).
Judges: McLaughlin, Cabranes, Sack
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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