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U.S. v. CONLEY

No. 02-20889.

349 F.3d 837 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. James Earl CONLEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 30, 2003.

Attorney(s) appearing for the Case

Mark Michael Dowd (argued), Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Andrew H. Schapiro (argued), Mayer, Brown, Rowe & Maw, New York City, for Defendant-Appellant.

Before JOLLY and WIENER, Circuit Judges, and ROSENTHAL, District Judge.

E. GRADY JOLLY, Circuit Judge:

James Earl Conley contends that both his trial and appellate counsel were ineffective in failing to object and argue that his sentence was greater than the maximum set for the crime for which he was convicted. We conclude that Conley was in fact sentenced to a longer prison term than that authorized under the criminal statute he violated, and that the performance of his counsel was constitutionally...

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