DELL v. U.S.

No. 11-12904.

710 F.3d 1267 (2013)

Edward DELL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 27, 2013.

Attorney(s) appearing for the Case

Joshua N. Friedman (Court-Appointed), Paul March Smith , Jenner & Block, LLP, Washington, DC, Petitioner-Appellant.

Judy K. Hunt , Linda Julin McNamara , Colleen D. Murphy-Davis , Robert E. O'Neill , U.S. Attys., Tampa, FL, for Respondent-Appellee.

Before MARCUS and MARTIN, Circuit Judges, and GOLD, District Judge.

MARCUS, Circuit Judge:

Appellant Edward Dell appeals the district court's denial of his 28 U.S.C. § 2255 motion — one in a series of attempts, some more successful than others, to reduce his sentence for committing several drug offenses in violation of 21 U.S.C. §§ 841(a)(1) and 856. At the heart of this appeal is whether Dell's defense counsel was constitutionally ineffective for failing to argue, either during sentencing or on direct appeal...

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