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Conflict of Interest Led to Failure to Pursue Departure

By Jonathan Byrne

US v. Nicholson: Nicholson was arrested in 2001 for being a felon in possession of a firearm. At the time he told police that he got the gun for protection because he feared for his life. That reasoning was never contradicted and even confirmed by the Government during plea and sentencing hearings. Nevertheless, Nicholson's counsel never argued it as a reason for the district court to depart (this was pre-Booker) from the Guideline range at sentencing. Nicholson was sentenced to 189 months in prison, just above the mandatory minimum required by the ACCA.Nicholson filed a 2255 alleging ineffective assistance of counsel due to a conflict of interest - during the time trial counsel represented Nicholson, he also represented Butts, the person who had made threats against Nicholson's life that led him to get a gun...continue to full post

Full post as published by Fourth Circuit Blog on July 13, 2010 (boomark / email).