United States v. Accolla
United States v. Accolla
Opinion of the Court
SUMMARY ORDER
Defendant-appellant Raymond W. Accolla appeals from a judgment of conviction and sentence following his guilty plea to charges relating to a robbery and conspiracy to commit bank fraud. Accolla was sentenced principally to a term of 174 months’ imprisonment and ordered to pay restitution in the amount of $561,908. On appeal, he claims that his sentence should be vacated on the grounds of ineffective assistance of counsel because (1) at sentencing, his counsel argued for a lower sentence than that contained in the plea agreement, which breached the plea agreement and permitted the Government to seek an obstruction of justice enhancement not contained in the agreement; and (2) counsel failed to contest an obstruction of justice enhancement and instead permitted Accolla to testify regarding his perjury before the grand jury in an attempt to “explain” the perjurious testimony. We assume the parties’ familiarity with the facts and procedural history of the case.
A claim for ineffective assistance of counsel must establish both that counsel’s representation was unreasonable under the “prevailing professional norms,” Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and that, but for counsel’s incompetence, there is a reasonable probability that “the result of the proceeding would have been
Because the only issue on appeal is one that we will not address at this stage of the proceedings, the appeal is DISMISSED without prejudice to defendant-appellant raising that issue in a motion made pursuant to 28 U.S.C. § 2255.
Reference
- Full Case Name
- United States v. Raymond W. ACCOLLA
- Cited By
- 1 case
- Status
- Published