Gaylord v. United States, No. 15-1297 (7th Cir. 2016)
Annotate this CaseGaylord pled guilty to conspiracy to distribute and to distribution of oxycodone. Evins had ingested the oxycodone pills distributed by Gaylord, as well as cocaine from another source, and died. Gaylord was sentenced to 240 months imprisonment, the mandatory minimum sentence when death results from the distribution of a controlled substance, 21 U.S.C. 841(b)(1)(C). Gaylord later brought a 28 U.S.C. 2255 motion to vacate, set aside, or correct his sentence, arguing that as a result of ineffective assistance of counsel, the “death results” enhancement of section 841(b)(1)(C) was inappropriately applied to his sentence. Gaylord contended that the oxycodone he distributed was not shown to be the but-for cause of Evins’s death, so counsel was ineffective for failing to object to the sentencing enhancement incorporated in the plea agreement. The district court dismissed Gaylord’s motion. The Seventh Circuit vacated and remanded for an evidentiary hearing on Gaylord’s claim of ineffective assistance of counsel, to provide Gaylord’s counsel with an opportunity to explain whether he was aware of the “but-for” causation requirement and whether he examined the postmortem and forensic pathology reports and shared the results of his analysis with Gaylord.
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