Second Circuit – Ineffective assistance of counsel: Weingarten v. United States of America

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United States Court of Appeals for the Second Circuit

Ineffective assistance of counsel

Statute of limitations – Complex issue – Lack of controlling authority

Weingarten v. United States of America

15-923

Parker, Wesley, and Droney

Background: The petitioner appealed from the denial of his Section 2255 motion.  He is currently serving a 30-year term of imprisonment following convictions on a number of counts of transporting a minor in foreign commerce for the purpose of engaging in criminal sexual activity. He argued that his trial counsel was ineffective for conceding a statute of limitations defense.

Ruling: The Second Circuit affirmed. The court held that foregoing the arguments that the 2003 versions of the applicable criminal statutes do not apply retroactively to his 1997 conduct and, therefore, the five-year statute of limitations should have applied was not an unreasonable decision. The court noted the complexity of the issue and the lack of controlling authority on the issue.

Todd W. Burns, of Burns & Cohan, for the petitioner-appellant; Jennifer M. Sasso, assistant United States attorney, for the respondent-appellee.