Justia Professional Malpractice & Ethics Opinion Summaries

Larenzo Burnett pleaded guilty to possession of a firearm by a prohibited person. During sentencing, a dispute arose regarding whether Burnett’s prior conviction under Iowa Code § 708.6(2) was a "crime of violence," which would increase his base offense level. The probation office recommended the increase, but Burnett objected. The parties reached a sentencing agreement where Burnett withdrew his objection and stipulated that the prior conviction was for a crime of violence. The district court imposed a sentence of 99 months and 14 days in prison.Burnett later filed a motion to vacate his sentence under 28 U.S.C. § 2255, claiming ineffective assistance of counsel because his attorney failed to file a notice of appeal. The district court held an evidentiary hearing and found that Burnett had not asked his attorney to file a notice of appeal within the 14-day period allowed by rule. Consequently, the court denied Burnett’s motion to vacate his sentence.The United States Court of Appeals for the Eighth Circuit reviewed the case. To establish ineffective assistance of counsel, Burnett needed to show that his counsel’s performance was deficient and that the deficiency prejudiced his defense. The court found that Burnett’s defense counsel testified credibly that Burnett never requested an appeal. The district court’s credibility determination was not clearly erroneous, as it was based on the observation of witness demeanor and the consistency of the testimony. The appellate court affirmed the district court’s judgment, concluding that there was no clear error in the finding that Burnett did not ask his attorney to file a notice of appeal. View "Burnett v. United States" on Justia Law