United States v. Miller, No. 18-3090 (D.C. Cir. 2020)
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On remand, appellant asserted various ineffective assistance of counsel claims during the suppression stage, based on counsel's failure to move for STA dismissal, based on counsel's failure to call a witness, and based on counsel's failure to argue for a sentencing reduction.
The DC Circuit held that appellant has established ineffective assistance with respect to his claim that trial counsel should have informed the district court that he had lost one year of Maryland state jail credits while awaiting his federal trial. Accordingly, the court reversed the district court's judgment insofar as it rejected appellant's sentencing-based ineffective assistance of counsel claim, remanding for resentencing. The court affirmed in all other respects.
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