U.S. v. SOTO

No. 97-3002.

132 F.3d 56 (1997)

UNITED STATES of America, Appellee, v. Lynn M. SOTO, a/k/a Linn Johnson, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1997.


Attorney(s) appearing for the Case

Jerome A. Ballarotto, Trenton, NJ, argued the cause and filed the brief for appellant.

Thomas C. Black, Assistant U.S. Attorney, Washington, DC, argued the cause for appellee. With him on the brief were Eric H. Holder, Jr., U.S. Attorney at the time the brief was filed, John R. Fisher, Robert A. Spelke and Laura A. Cordero, Assistant U.S. Attorneys.

Before: EDWARDS, Chief Judge, TATEL, Circuit Judge and BUCKLEY, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Even though appellant appeared to satisfy the standards for a downward adjustment of her sentence under section 3B1.2 of the U.S. Sentencing Guidelines for minimal or minor participation, her lawyer failed to request one. Finding this omission to be ineffective assistance of counsel, we remand this case so the district court can determine whether appellant in fact qualifies for a lesser...

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