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U.S. v. WASHINGTON

No. 08-3313.

619 F.3d 1252 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick E. WASHINGTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 30, 2010.

Attorney(s) appearing for the Case

Henry E. Marines of Law Offices of Henry E. Marines, PA, Miami, FL, for Defendant-Appellant.

Jared S. Maag , Assistant United States Attorney ( Lanny D. Welch , United States Attorney, and James A. Brown , Assistant United States Attorney, on the brief), Office of the United States Attorney, Topeka, KS, for Plaintiff-Appellee.

Before TACHA, SEYMOUR and LUCERO, Circuit Judges.

SEYMOUR, Circuit Judge.

Petitioner Patrick E. Washington requests reversal of the district court's denial of his 28 U.S.C. § 2255 motion to vacate, correct, or set aside his sentence, claiming the district court erred in not holding his counsel's performance constitutionally deficient. We conclude that counsel's failure to understand the basic mechanics of the sentencing guidelines and, in particular, his failure to advise Mr. Washington regarding the impact...

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