ALLEN v. U.S.

No. 97-3329.

175 F.3d 560 (1999)

Ansel ALLEN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 27, 1999.

Rehearing and Suggestion for Rehearing Denied July 7, 1999.


Attorney(s) appearing for the Case

Richard H. McLeese (argued), Decker & Associates, Chicago, IL, for Petitioner-Appellant.

Cheryl Bell (argued), Office of the United States Attorney, Criminal Appellate Division, Stuart Fullerton, Office of the United States Attorney, Civil Division, Appellate Section, Chicago, IL, for Respondent-Appellee.

Before BAUER, DIANE P. WOOD, and EVANS, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied July 7, 1999.

BAUER, Circuit Judge.

Ansel Allen ("Allen") appeals from the district court's partial denial of his 28 U.S.C. § 2255 motion. He argues that if he hadn't been denied effective assistance of counsel, the sentencing judge would have found that his offense level was 34 rather than 36. Because, under Durrive v. United States, 4 F.3d 548 (7th Cir.1993...

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