UNITED STATES v. MAYHEW

No. 19-6560.

995 F.3d 171 (2021)

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

United States Court of Appeals, Fourth Circuit.

Decided: April 19, 2021.


Attorney(s) appearing for the Case

ARGUED: Caitlin Augerson , Katharine Batchelor , WAKE FOREST UNIVERSITY SCHOOL OF LAW, Winston-Salem, North Carolina, for Appellant. David A. Bragdon , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: John J. Korzen , Director, Ryan C. Dibilio , Third-Year Law Student, Timothy Misner , Third-Year Law Student, Appellate Advocacy Clinic, WAKE FOREST UNIVERSITY SCHOOL OF LAW, Winston-Salem, North Carolina, for Appellant. Robert J. Higdon, Jr. , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Evan M. Rikhye , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Diaz and Judge Floyd joined.


A jury convicted David Christopher Mayhew of fraud charges stemming from an investment scam, and Mayhew was sentenced to over 26 years' imprisonment. He filed a § 2255 petition seeking to vacate his conviction and sentence, asserting that his Sixth Amendment rights were violated when his trial counsel provided...

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