U.S. v. BROWN

Docket No. 08-1207-cr.

623 F.3d 104 (2010)

UNITED STATES of America, Appellee, v. Nathan BROWN, Richard Ross Jr., Tommy Hardy, Defendants, Chad Marks, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 19, 2010.


Attorney(s) appearing for the Case

Jillian S. Harrington , Monroe Township, NJ, for Defendant-Appellant.

Joseph J. Karaszewski , Assistant United States Attorney, for Kathleen M. Mehltretter, United States Attorney, Western District of New York, Buffalo, New York, for Appellee United States of America.

Before: LEVAL, HALL, and LIVINGSTON, Circuit Judges.


HALL, Circuit Judge:

On appeal, defendant-appellant Chad Marks argues, inter alia, that the district court erred by refusing to hear his ineffective assistance of counsel claim, raised after his conviction but before sentencing, until after he had been sentenced. For the reasons stated below, we agree.

BACKGROUND

We recount only such facts as are necessary to explain our decision. Marks appeals from a judgment of conviction of the United States...

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