Griffith v. United States

The Eleventh Circuit reversed and remanded for an evidentiary hearing on an ineffective assistance of counsel claim involving the failure to challenge the quantity of methamphetamine attributed to petitioner. Because there was nothing in the trial record to contradict petitioner's allegations, at this stage of the proceedings, the court must accept that unusable liquids were counted in calculating the drug quantities that determined his mandatory minimum sentence and his advisory guidelines base offense level. The court also must accept that the liquids could not have produced any more than 2.4 grams of methamphetamine. The court held that counsel's failure to challenge the weight calculations amounted to deficient performance, particularly because the drug quantities were the basis of petitioner's mandatory minimum sentence and higher guidelines range. Furthermore, counsel's deficient performance prejudiced petitioner. View "Griffith v. United States" on Justia Law