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U.S. v. THEODORE

Nos. 05-1119, 05-1120.

468 F.3d 52 (2006)

UNITED STATES of America, Appellant/Cross-Appellant, v. Thomas Ronald THEODORE, Defendant-Appellee/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided November 15, 2006.

Attorney(s) appearing for the Case

Paul G. Levenson, Assistant United States Attorney with whom Michael J. Sullivan, United States Attorney and Adam J. Bookbinder, were on brief, for United States.

Raymond E. Gillespie, for defendant.

Before SELYA, Circuit Judge, SILER, Senior Circuit Judge, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

The Sixth Amendment to the United States Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence." This right "is the right to the effective assistance of counsel." McMann v. Richardson, 397 U.S. 759, 771 n. 14, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970). A defendant seeking to overturn a conviction on ineffective assistance...

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