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Payne: Appellate counsel not ineffective

By Tim Cone

In U.S. v. Payne, No. 08-12944 (May 7, 2009), the Court rejected an inmate?s motion under 28 U.S.C. § 2255 which claimed ineffective assistance of appellate counsel.Payne pointed out that his appellate counsel had failed to challenge on appeal the district court?s imposition of a two-level "abuse of trust" sentence enhancement based on Payne?s status as a pastor. The Court had held in U.S. v. Hall that a defendant?s status as a pastor did not suffice to support a two-level "abuse of trust" sentence enhancement. However, Hall predated Payne?s appeal. Payne?s appellate counsel raised other issues on appeal. "Therefore, it was a reasonable strategy for counsel to focus this Court?s attention on those issues that he felt were the strongest."

Full post as published by Defense Newsletter Blog on May 12, 2009 (boomark / email).