United States v. Manzo, No. 10-35848 (9th Cir. 2012)
Annotate this CaseDefendant appealed the district court's denial of his 28 U.S.C. 2255 motion to vacate the sentences he received after his jury conviction of conspiracy to possess with intent to manufacture a controlled substance; his guilty plea to distribution of a controlled substance; and his guilty plea to a supervised release violation. The court reversed the district court's denial of defendant's section 2255 motion and remanded the matter to the district court with instructions to consider, for the purposes of the ineffective assistance of counsel claim, whether defendant was prejudiced by his counsel's performance. If so, defendant's distribution conviction and sentence should be vacated, and if he wanted to take the attendant risks, he could go to trial on the distribution offense, and could appeal the manufacturing offense trial conviction, an appeal that was foreclosed by the plea agreement. If not, the court remanded for resentencing before a different district judge and ordered the government's specific performance of the terms of the plea agreement.
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