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U.S. v. KIMLER

No. 97-20320.

167 F.3d 889 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Karl KIMLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 11, 1999.

Attorney(s) appearing for the Case

Paula Camille Offenhauser, Asst. U.S. Atty., Robert Eric Reed, Houston, TX, for Plaintiff-Appellee.

Jeffrey A. Kearney, Fort Worth, TX, David M. Vaughn, Baton Rouge, LA, for Defendant-Appellant.

Before KING, Chief Judge, and POLITZ and BENAVIDES, Circuit Judges.

KING, Chief Judge:

Kenneth Kimler was convicted by a federal jury for violations of federal mail fraud and counterfeiting statutes. After his sentencing, Kimler filed a motion to correct his sentence in federal district court. He alleged, inter alia, that he received ineffective assistance of counsel in violation of the Sixth Amendment because his attorney failed to argue that the sentencing court's application of the then-current version of the sentencing...

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