Saturday, July 01, 2006
It's not reasonable just because the prosecutor blew it too.
A defendant won a partial victory in a 2255 proceeding before Judge Brown in Alverez-Solario v. U.S. Mr. Alverez-Solario successfully claimed that his attorney was ineffective at sentencing for failing to notice and object that he was wrongly sentenced using the 2004 guidelines instead of the 2003 guidelines. What I thought was sort of audacious was that the AUSA argued that the mistake was not objectively unreasonable because the AUSA and probation office also failed to notice the mistake. Judge Brown succinctly held that he "could not that the error was objectively reasonable because the AUSA made the same mistake." Whew, I guess I should be held to a higher standard than a prosecutor when it comes to representing defendants.