United States v. Reginald Hubbard, No. 09-3788 (8th Cir. 2011)
Annotate this CaseDefendant appealed a conviction of being a felon in possession of a firearm and sentence of 96 months' imprisonment when he was found by the police in his apartment with a semi-automatic pistol, a digital scale, and marijuana. At issue was whether the district court deprived defendant of effective assistance of counsel where his trial counsel told him that the district court would not allow him to testify in his own defense and whether his sentence was substantively unreasonable. The court held that the district court did not abuse its discretion in denying defendant's motion for a new trial based on ineffective assistance of counsel where he was advised of his right to testify and waived it by remaining silent at trial, and where his testimony at evidentiary hearing was not credible. The court also held that the district court did not abuse its discretion by imposing a sentence at the top of the applicable range where the court considered defendant's criminal history as one of several factors justifying a 96 months sentence.
Court Description: Criminal Case - conviction and sentence. District court did not abuse its discretion in denying motion for new trial based on ineffective assistance of counsel claim following motion for new trial and evidentiary hearing. Defendant was advised of his right to testify and waived his right to testify by remaining silent at trial. District court's finding that defendant's testimony at evidentiary hearing was not credible was not clearly erroneous. District court did not abuse its discretion in imposing 96- month sentence, the top of the applicable Guidelines range.
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