| D. North Carolina [M.D.] |
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Reminder: These case digests are provided for informational purposes only, and do not constitute legal advice. Anyone conducting legal research on a particular topic or in a specific jurisdiction is advised to supplement these materials with their own efforts or those of a qualified attorney whom they have hired for that purpose.2010Andrews v. U.S., 1:09CV960, 1:07CR232-1 (M.D.N.C. 8-16-2010) -- Defendant pled guilty to one count of "attempted taking of indecent liberties with a child by using a facility of interstate commerce" and one count of possession of child pornography, and was sentenced to 165 months in prison. Defendant filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255, alleging ineffective assistance of counsel (most notably that defendant's attorney predicted a much lower sentence under the guidelines than was actually the case). The District Court's chief inquiry was whether defendant would have gone to trial even if the attorney's calculation had been accurate, and concluded that he would not have done so. In particular, the Court noted that the computer evidence collected against defendant, including chats by undercover agent posing as 12-year-old girl and 60 videos of child pornography, would likely have led to a higher sentence than defendant received. The motion was denied. |
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