Ineffective Assistance: Morales v. United States

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U.S. Court of Appeals, Second Circuit

Ineffective Assistance

Public Trial — Improper Sentencing

Morales v. United States
04-0858-pr
Appealed from the District of Connecticut

Background: Defendant Morales appeals from the denial of his section 2255 motion by the U.S. District Court for the District of Connecticut. Morales challenged his conviction on the grounds that he did not receive effective assistance of counsel from his trial or appellate lawyers asserting that they neither protected his Sixth Amendment right to a public trial nor challenged what Morales contends was an improper sentence on his conspiracy conviction

Ruling: Because, based on the record before the district court, Morales failed to demonstrate plausibly that his counsel acted unreasonably in connection with what he asserts was a brief closure of the courtroom, the district court’s summary denial of this portion of his motion is affirmed. As to the argument that counsel’s assistance related to sentencing was ineffective, although the district court relied on an exception to a previous Second Circuit holding, that this circuit has yet to recognize, the court affirms the district court’s ruling because Morales cannot establish prejudice stemming from his counsel’s failure to challenge that sentence on appeal.

Brian Sheppard for the appellant; Sandra S. Glover, assistant U.S. attorney, for the appellee