By: Daily Record Staff//April 12, 2013
By: Daily Record Staff//April 12, 2013//
U.S. District Court, WDNY
Ineffective Assistance of Counsel
Plea Bargaining — Constructive Amendment
Stinson v. United States
Background: The petitioner sought an order to vacate, set aside, or correct his sentence. He was indicted with participating in a conspiracy to distribute and possession with intent to distribute 50 grams or more of cocaine, with a related heroin charge, as well as fire arm possession. After his conviction he was sentenced to 360 months on count one and 240 months on count four to run concurrently to one another and consecutively to 60 months on count two. He also received a 300 month prison sentence to run concurrently for count five. His total term of imprisonment was 60 years followed by 10 years of supervised release. The petitioner alleged he was provided ineffective assistance of counsel.
Ruling: The District Court denied the petition. The petitioner’s alleged that he was never informed of a plea offer by his counsel. However, the court found that the allegation was contradicted by the record. The petitioner also alleged that his counsel failed to notice a constructive amendment of the indictment. However, the jury instruction did not broaden the time period for the conspiracy charge, but narrowed, it.
Terrence Stinson, pro se; Frank H. Sherman, assistant U.S. attorney, for the respondent