U.S. v. CARMICHAEL

Docket No. 99-1119.

216 F.3d 224 (2000)

UNITED STATES of America, Appellee, v. Anthony CARMICHAEL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 15, 2000.


Attorney(s) appearing for the Case

CHERYL J. STURM, Westtown, Pennsylvania, for Defendant-Appellant.

H. GORDON HALL, Assistant United States Attorney, District of Connecticut (Stephen C. Robinson, United States Attorney, of counsel), New Haven, Connecticut, for Appellee.

Before: WINTER, Chief Judge, OAKES, and KATZMANN, Circuit Judges.


WINTER, Chief Judge:

Anthony Carmichael appeals from a judgment entered by Judge Burns resentencing appellant under 28 U.S.C. § 2255. The district court found that appellant's counsel had provided him constitutionally ineffective assistance by failing adequately to advise him on whether to accept the government's initial plea offer. Appellant argues that the district court abused its discretion in granting him a two-level downward departure as a remedy for this...

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