Ineffective Assistance of Counsel

Listen to this article

7^th Circuit Court of Appeals

Case Name: Darrell M. Schneider v. United States of America

Case No.: 16-1089

Officials: POSNER, KANNE, and SYKES, Circuit Judges.

Focus: Ineffective Assistance of Counsel

Darrell Schneider pleaded guilty to sexually abusing his minor daughter on the reservation of the tribe to which he belongs. See 18 U.S.C. § 2243(a)(1). The district court sentenced him below the guidelines range to 96 months’ imprisonment, and we affirmed his conviction and sentence on direct appeal. See United States v. Schneider, 600 F. App’x 457 (7th Cir. 2015). Schneider then filed this collateral challenge under 28 U.S.C. § 2255. He principally argues that his trial lawyer was ineffective for advising him that he met the statutory elements of the offense of sexual abuse of a minor and for not explaining that his prior conduct could be considered during sentencing. The court denied Schneider’s § 2255 motion. Because Schneider has not shown that his lawyer’s performance was deficient or affected his decision to plead guilty, we affirm the district court’s judgment.

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.