Monday, September 13, 2021

US v. Juliano, No. 20-35395 (9-3-21)(VanDyke w/Bea & Bress). It is not IAC for counsel to fail to anticipate enactment of legislation. This is a habeas petition. The petitioner entered into a plea for a drug offense under which the gov’t would only file one enhancement. The petitioner got a benefit, along with a 240-month mandatory sentence. Several months later, the First Step Act was enacted and signed. The 9th cautioned against second guessing under Strickland whether counsel should have waited; the petitioner did get a benefit and the passage of the First Step Act was anything but smooth.

The decision is here:


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