Plea & Sentencing – Ineffective Assistance of Counsel

By: Derek Hawkins//April 16, 2018//

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7^th Circuit Court of Appeals

Case Name: LeeAnn Brock-Miller v. United States of America

Case No.: 16-3050

Officials: KANNE, ROVNER, and HAMILTON, Circuit Judges.

Focus: Plea & Sentencing – Ineffective Assistance of Counsel

LeeAnn Brock-Miller pled guilty, pursuant to a plea agreement, to one count of conspiracy to possess with intent to distribute heroin. She received the agreed-upon sentence of ten years’ imprisonment and eight years of supervised release. She then brought a timely motion under 28 U.S.C. § 2255 to challenge her conviction, asserting ineffective assistance of counsel during plea negotiations. The district court declined to hold a hearing, concluded that counsel’s performance was not deficient and denied the motion. We reverse and remand for a hearing on BrockMiller’s section 2255 motion

Reversed and Remanded

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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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