United States v. Miller, No. 17-2053 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed Defendant’s conviction and sentence without prejudice to his right to raise his claim of ineffective assistance of counsel in a collateral proceeding brought pursuant to 28 U.S.C. 2255, holding that Defendant’s ineffective assistance of counsel claim ought not to be aired for the first time on direct appeal.
Defendant pleaded guilty to violating the Mann Act, 18 U.S.C. 2423(a) and was sentenced to a 327-month term of immurement. On appeal, Defendant argued for the first time that he received ineffective assistance of counsel. The First Circuit affirmed, holding that this case did not qualify for an exception to the general rule that an ineffective assistance of counsel claim must first be raised in the district court.