Published on: Saturday, April 24, 2021

North Carolina man is charged with several fraud counts stemming from an investment scam. According to the man, the government offered him a plea deal with a zero-to-five-year imprisonment range, but his defense lawyer "guaranteed" him he would get no more than five years' imprisonment even if he were convicted at trial. He goes to trial, gets convicted, and is sentenced to 26 years. Yikes! Man: Ineffective assistance of counsel in violation of Sixth Amendment. District court: no. Besides, we told you your maximum sentence at arraignment. Fourth Circuit: IAC? Maybe. At a minimum, give the guy an evidentiary hearing. Besides, the plea offer came after arraignment, so the arraignment cures nothing.

The case is United States v. Mayhew, 19-6560 (4th Cir. Apr. 19, 2021).