Last week saw a continuation of the short win trends we’ve seen in the past — federal sex crimes are frequently represented. Though this week is heavier on reversals involving enticing a minor.
The Ninth Circuit lets a man expand the record to investigate an ineffective assistance claim, the Third Circuit finds that an argument that trying to get someone to engage in statutory rape shouldn’t be worse than actually committing statutory rape makes some sense, and a bribery conviction is reversed in the Seventh Circuit because the evidence was insufficient. It’s not a bad week in federal criminal appeals.
1. Buenrostro v. United States, Ninth Circuit: Appellant filed several postconviction claims after he was convicted of conspiracy to manufacture methamphetamine and sentenced to a mandatory minimum term of life imprisonment without parole based on his two prior felony drug convictions. Of those claims, the Ninth Circuit granted appellant’s motion to expand the record, which sought to reassert a previously raised ineffective assistance of trial counsel claim based on counsel’s alleged failure to communicate a plea offer.