Casiano-Jimenez v. United States, No. 13-1496 (1st Cir. 2016)
Annotate this CasePetitioner was convicted of conspiring to smuggle narcotics into the United States. Petitioner filed a petition for post-conviction relief under 28 U.S.C. 2255 claiming that his trial counsel provided ineffective assistance in failing to advise him of his right to testify on his own behalf. The district court denied the petition. The First Circuit remanded the case to the district court for an evidentiary hearing. After such a hearing, the district court again rejected the section 2255 petition. The First Circuit reversed and remanded with instructions to vacate Petitioner’s conviction and sentence, holding that the district court erred by not granting Petitioner’s section 2255 petition, as Petitioner received constitutionally ineffective assistance of counsel at his criminal trial, and he was prejudiced as a result.
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