Seventh Circuit Reverses Denial of Ineffective Assitance of Counsel Claim

On October 20, 2017, the U.S. Court of Appeals for the Seventh Circuit reversed a district court’s denial of a defendant’s claim that his attorney provided ineffective assistance of counsel by failing to inform the defendant of a plea offer for 15 years in a sex trafficking case.  The defendant went to trial, lost, and was sentenced to 50 years.  The Seventh Circuit ruled that the affidavits of the defendant’s mother and grandmother were sufficient to warrant a hearing, but reminded the defendant he will have to prove actual prejudice as well, at the hearing.  
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Mark Allenbaugh is co-founder of Sentencing Stats. He is a former staff attorney for the U.S. Sentencing Commission, and a co-editor of "Sentencing, Sanctions, and Corrections: Federal and State Law, Policy, and Practice" (2nd ed., Foundation Press, 2002).

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