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Home / Opinion Digests / Criminal Law / Constitutional – Ineffective Assistance – Plain Error Standard – Sentencing (access required)

Constitutional – Ineffective Assistance – Plain Error Standard – Sentencing (access required)

On direct appeal, this court found no plain error in defendant’s sentencing as a career offender; however, trial counsel’s failure to do research or to object led to a much longer sentence than defendant would otherwise have received. The standards of review for plain error and for ineffective assistance of counsel are different. While there ...