No. 18-7927

Tyrone Anderson v. United States

Lower Court: Eighth Circuit
Docketed: 2019-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender career-offender-enhancement criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment strickland-standard strickland-v-washington townsend-v-burke
Key Terms:
DueProcess
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether trial counsel provided ineffective assistance of counsel as required by the Sixth Amendment

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | oe _ es, oo. a Petitioner weesents che question ‘whether his ‘trial counset provided ineffective , . assistance : of: counsel as required by the Sixth Amendment to’ the Constitution where trial -counsel permitted the District Court to subject petitioner toa ‘career offender : enhancement, USSG s4Bl.1, without having any transcripts of petitioner's alleged prior : state convictions? : a a . . . : : . Petitioner contends that the state law convictions were entered in violation of due process of law; and also contends: that this Court's decision in Strickland v. Washington, _ U.S. _ : ‘a ) was ‘inappropriately applied by the Court of Appeals leading ‘to an unreasonable result. : oO , : . . . , Had the ‘Court of Appeals correctly applied well-settled precedent the district . sourt's career offender enhancement ; ‘$4B1.1, would have been overturned and / petitioner's sentence reduced. | ; . | . : a . Petitioner's argunent is that his trial counsel's professional performance was’ . "severely .below the standard of a competent lawyer by not effectively challenging application of the §4B1.1 career offender: enhancement; and: petitioner suffered, and 7 continues ‘to suffer. prejudice resulting from trial counsel's unconstitutional : negligence. . ; . : . . ae 7 : od All parties appear in the caption of the case on the cover page, ee I ] Al parties do not appear in the caption of the case oa the cover page. Alistof ~ . ; all

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-22
Waiver of right of respondent United States to respond filed.
2018-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2019)

Attorneys

Tyrone Anderson
Tyrone Anderson — Petitioner
Tyrone Anderson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent