UNITED STATES v. MESSNER

No. 21-1483.

37 F.4th 736 (2022)

UNITED STATES of America, Appellee, v. Karl MESSNER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

June 22, 2022.


Attorney(s) appearing for the Case

Ines McGillion , with whom Ines McGillion Law Offices, PLLC was on brief, for appellant.

Seth R. Aframe , Assistant United States Attorney, with whom John J. Farley , United States Attorney, was on brief, for appellee.

Before Thompson, Kayatta, and Gelpí, Circuit Judges.


After pleading guilty to one count of possession of child pornography, Karl Messner was sentenced to an under-Guidelines-range sentence of 46 months. Invoking a narrow exception to his appellate waiver of that sentence, he now claims that his trial counsel was ineffective for failing to object on constitutional grounds to...

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