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Ineffective Assistance of Counsel

By: Derek Hawkins//December 13, 2017//

Ineffective Assistance of Counsel

By: Derek Hawkins//December 13, 2017//

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7th Circuit Court of Appeals

Case Name: Daniel Sullivan

Case No.: 15-2023

Officials: BAUER, EASTERBROOK, and SYKES, Circuit Judges.

Focus: Ineffective Assistance of Counsel

A jury found Daniel Sullivan and his brother John guilty of two counts of committing wire fraud in connection with a home-remodeling scheme they operated for several years. The district judge sentenced both brothers to 168 months’ imprisonment, and on direct appeal we affirmed their sentences. See United States v. Sullivan, 765 F.3d 712 (7th Cir. 2014). They then filed separate pro se collateral challenges under 28 U.S.C. § 2255, each contending that their attorneys were constitutionally ineffective. The district judge denied both § 2255 motions without holding an evidentiary hearing. The present appeal concerns the denial of Daniel’s motion.

We granted Daniel a certificate of appealability on his claims that his attorneys rendered constitutionally ineffective assistance by failing to (1) raise an objection under Batson v. Kentucky, 476 U.S. 79 (1986), to the exclusion of potential jurors based on race; and (2) hire an expert witness to testify about the amount of loss attributable to Daniel for purposes of the Guidelines. We affirm.

Affirmed

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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.

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