United States v. Pressley, No. 19-6222 (4th Cir. 2021)
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Defendant appealed the district court's denial of his 28 U.S.C. 2255 motion, alleging that he repeatedly asked his trial counsel to file a motion to suppress certain incriminating statements he made to law enforcement officers before his arrest, and that counsel rendered ineffective assistance by failing to do so. Defendant was convicted by a jury of thirteen counts resulting from his participation in a cocaine distribution conspiracy and related financial crimes.
The Fourth Circuit remanded for an evidentiary hearing, concluding that the record is unclear regarding what facts counsel knew before trial, and whether his decision not to file a suppression motion was an objectively reasonable choice based on trial strategy. Furthermore, the record contains disputed facts regarding whether defendant was subject to custodial interrogation, thereby triggering the Miranda protections.
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