United States v. Bernard Altamirano

Appellant was charged by indictment with four counts of distribution of heroin, 21 U.S.C. § 841 (a)(1), two counts of assault on a federal officer with a deadly weapon, 18 U.S.C. §§ 111 , 1114, and one count of being an ex-felon in possession of a firearm, 18 U.S.C. App. § 1202(a)(1). Appellant pleaded not guilty to all counts and at the conclusion of his trial the jury found him guilty on all counts. Initially he was sentenced to thirty-five years of imprisonment, but shortly thereafter his sentence was reduced to thirty years of confinement together with a seven-year parole term and a $15,000 fine with respect to a distribution of heroin count.

Appellant, presently represented by the Federal Public Defender, appeals his conviction on the ground that his trial counsel’s incompetence was sufficient under the circumstances existing at trial to require a reversal of appellant’s conviction and a remand for a new trial without regard to whether appellant can show that he was prejudiced by counsel’s incompetence. Appellant also argues that he was in fact prejudiced by his counsel’s incompetence. The government argues that to secure the reversal and remand the appellant seeks he must…