United States v. Michael Ohayon

MEMORANDUM

Michael Ohayon pled guilty to one count of bank fraud, 18 U.S.C. § 1344 , one count of conspiracy to commit bank fraud, 18 U.S.C. § 1349 , and one count of money laundering, 18 U.S.C. § 1957 . Ohayon initially received a 60-month sentence. Ohayon then filed a § 2255 motion, arguing that he received ineffective assistance .of counsel during the sentencing proceedings. The district court granted the motion and reduced Ohayon’s sentence to 38 months. Ohayon appeals this sentence, and the Government cross-appeals, challenging the district court’s grant of the § 2255 motion.

Ohayon’s -counsel’s performance at the initial sentencing was not unconstitutionally deficient. The attorney’s failure to raise the pending Guidelines amendment did not render his representation objectively unreasonable. Strickland v. Washington, 466 U.S. 668, 687-88 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (deficient performance must fall below “an objective standard of reasonableness”); United States v. McMullen, 98 F.3d 1155, 1158 (9th Cir.1996) (adopting the Government’s position that the “fact that defendant’s lawyer was not innovative enough to raise this issue does not make him constitutionally…