U.S. District Court, WDNY
Ineffective Assistance of Appellate Counsel
United States v. Snow
02-cr-6109 cjs; 08-cv-6066 cjs
Background: The defendant moved the court to vacate, set aside, or correct his sentence stemming from a verdict finding him guilty of possessing with the intent to distribute cocaine and weapon possession. He was sentenced to life imprisonment. The defendant argued, inter alia, that his counsel failed to object to the trial court’s use of the preponderance of evidence standard increasing his sentence.
Ruling: The District Court denied the motion. The court found that the defendant was not deprived of the effective assistance of counsel. The court found that the defendant’s counsel had raised the issue on a prior appeal and that the Second Circuit had rejected the argument because the trial court did not increase his sentence based on the factual findings.
Marcus Snow, pro se; Bradley E. Tyler, assistant United States attorney, for the plaintiff