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United States v. Day

969 F.2d 39 (1992)

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United States v. Day

United States Court of Appeals for the Third Circuit

969 F.2d 39 (1992)

Facts

William Day (defendant) was convicted of federal drug offenses. Day declined a plea-bargain offer that would have resulted in a five-year prison sentence. Day was convicted after trial and sentenced to nearly 22 years in prison. Day filed a petition to have his conviction and sentence set aside, claiming ineffective assistance of counsel based on his lawyer’s failure to explain to him that he could be considered a career offender and subject to enhanced penalties under the federal sentencing guidelines. Day claimed that his lawyer advised him his maximum prison sentence would be 11 years and that had he been told of his true prison exposure, he would have accepted the plea offer. Day sought to plead guilty pursuant to the plea bargain and be sentenced to five years. The district court dismissed Day’s petition, and Day appealed.

Rule of Law

Issue

Holding and Reasoning (Becker, J.)

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