United States v. Abney, No. 14-3074 (D.C. Cir. 2016)
Annotate this CaseDefendant appealed the denial of his Rule 59(e) motion for reconsideration, contending that he was denied his Sixth Amendment right to the effective assistance of counsel. Defendant was sentenced for possession of 68 grams of crack cocaine that occurred five days after Congress passed the Fair Sentencing Act (FSA), Pub. L. No. 111-220, 124 Stat. 2372, when Presidential approval was imminent and virtually assured. Despite knowing that when the FSA was signed by the President, the mandatory minimum sentence for his client’s offense would be cut in half, from 10 years to five years, defendant’s then-counsel failed to seek a continuance of sentencing. The court held that, under Strickland v. Washington’s two-prong test, counsel’s failure to seek a continuance of defendant’s sentencing was, in the absence of any informed strategic choice, objectively unreasonable, and it also was prejudicial because, but for counsel’s failure, there was a reasonable probability that a continuance would have been granted. Accordingly, the court reversed and remanded for resentencing.
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