Rossetti v. United States, No. 12-1451 (1st Cir. 2014)
Annotate this CaseAfter a jury trial, Defendant was convicted on federal criminal charges of conspiracy and attempt to affect commerce by robbery, among other charges. The First Circuit vacated Defendant’s sentence and remanded for resentencing. After the district court resentenced Defendant, Defendant filed a motion in Massachusetts state court for a new trial on a prior state conviction that had been relied upon to increase his federal sentence. The state court vacated Defendant’s prior conviction. Defendant filed a petition and an amended petition for writ of habeas corpus arguing that he received ineffective assistance of counsel in his federal trial and that the vacatur of his prior state court conviction entitled him to resentencing. The district court denied the petition. The district court affirmed, holding (1) there was not a reasonable probability that the perceived shortcomings of Defendant’s counsel affected the result in this case; and (2) the district court did not err in concluding that Defendant’s petition for resentencing was untimely.
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