Swanson v. United States, No. 11-2338 (7th Cir. 2012)
Annotate this CaseConvicted of fraud, tax, and money laundering offenses, Swanson failed to appear for his sentencing hearing, but was apprehended as a fugitive in Seattle the next month. His presentence report recommended a four-level U.S.S.G. 3B1.1(a) enhancement for his status as an organizer-leader of criminal activity, driving his total offense level to 34 with a 151-188 month guideline range. Swanson’s trial counsel filed 13 pages of objections, including that the evidence revealed there was no criminal organization and to use of the 2001 guidelines. On remand, the court imposed a 151-month sentence. Swanson alleged ineffective assistance of counsel, 28 U.S.C. 2255, claiming that his trial counsel abandoned a poorly developed but winning objection to the enhancement. The district court rejected the petition. The Seventh Circuit affirmed. Trial counsel raised the objection twice and did not withdraw it; his performance was not objectively deficient. Appellate counsel failed to raise the issue on direct appeal.
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