U.S. v. LEONTI

No. 01-17113.

326 F.3d 1111 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. David LEONTI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2003.


Attorney(s) appearing for the Case

Karen Landau (argued), Alan Ellis, Peter Goldberger, Law Offices of Alan Ellis, Sausalito, CA, for the defendant-appellant.

Thomas Muehleck, Assistant U.S. Attorney, Honolulu, HI, for the plaintiff-appellee.

Before: COWEN, HAWKINS, and W. FLETCHER, Circuit Judges.


MICHAEL DALY HAWKINS, Circuit Judge.

We confront an issue of first impression in this circuit: whether a viable ineffective assistance of counsel claim can arise in the sentencing context; specifically, whether failing to effectively assist a defendant awaiting sentencing in his willing efforts to provide cooperation to an interested government can constitute a Sixth Amendment violation. Concluding that the pre sentencing cooperation period is a critical stage of...

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