United States v. Scribner, II, No. 14-11031 (5th Cir. 2016)
Annotate this CaseDefendant filed a 28 U.S.C. 2255 petition seeking to vacate his conviction and sentence based on the ineffective assistance of counsel. Defendant alleged that trial counsel failed to notify him of a sentencing enhancement that ultimately increased his sentence and, but for this failure, he would have accepted a plea agreement with the government and received a reduced sentence. The district court denied the petition. In this case, the district court rejected the magistrate judge’s credibility findings, made after an evidentiary hearing, in holding that defendant was not prejudiced by counsel’s ineffective assistance without holding its own evidentiary hearing. Therefore, the court vacated and remanded for the district court to conduct its own evidentiary hearing or to accept and draw the appropriate inferences from the magistrate judge's credibility findings.
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