U.S. v. HARFST

No. 97-2283.

168 F.3d 398 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Stuart HARFST, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 16, 1999.


Attorney(s) appearing for the Case

Submitted on the Briefs:*

John J. Kelly, United States Attorney, and Thomas L. English, Assistant United States Attorney, Albuquerque, New Mexico, for Plaintiff-Appellee.

Patrick J. Perrone of McCarter & English, LLP, Newark, New Jersey, for Defendant-Appellant.

Before PORFILIO, HOLLOWAY, and HENRY, Circuit Judges.


HOLLOWAY, Circuit Judge.

Defendant Eric Stuart Harfst appeals from the district court's denial of his motion challenging his sentence pursuant to 28 U.S.C. § 2255. We conclude that because defendant may have a valid claim of ineffective assistance of trial counsel arising from counsel's failure to properly present the claim that defendant was only a minor or minimal participant in the offense of which he was convicted, the case must be remanded for an evidentiary...

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