United States v. Messner, No. 21-1483 (1st Cir. 2022)Annotate this Case
The First Circuit affirmed Defendant's conviction and sentence for one count of possession of child pornography, holding that Defendant suffered no prejudice from any claims deficient performance of his trial counsel.
Pursuant to a plea agreement, Defendant pleaded guilty to one count of possession of child pornography. The trial court sentenced him to an under-Guidelines-range sentence of forty-six months. Defendant appealed, arguing that he received ineffective assistance of counsel during his sentencing proceedings because counsel failed to object to the four-level enhancement under U.S.S.G. 2G2.2(b)(4)(B) on constitutional grounds. The First Circuit affirmed, holding that Defendant's claims of ineffective assistance of counsel were unavailing.
The court issued a subsequent related opinion or order on June 23, 2022.