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U.S. v. JOHNSTONE

Nos. 00-2473; 002474.

251 F.3d 281 (2001)

UNITED STATES of America, Appellee, v. David Forsyth JOHNSTONE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 5, 2001.

Attorney(s) appearing for the Case

Marie E. Hansen, with whom N. Laurence Willey, Jr., and Ferris, Dearborn & Willey were on brief, for appellant.

F. Mark Terison, Senior Litigation Counsel, with whom Jay P. McCloskey, United States Attorney, was on brief, for appellee.

Before Boudin, Circuit Judge, Bownes, Senior Circuit Judge, and Schwarzer, District Judge.

BOWNES, Senior Circuit Judge.

Defendant-appellant David Forsyth Johnstone appeals from his conviction and sentence for unlawful reentry into the United States following deportation. Johnstone was deported after his state-court conviction for forgery in Colorado, which the district court deemed an aggravated felony for purposes of enhancing his federal sentence. He now contends that he received inadequate assistance of counsel in the Colorado proceedings and that the...

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