United States v. Wayne Alfred Day
Opinion
Opinion
Goodwin, J.
Wayne Day appeals the judgment denying his motion to vacate, set aside or correct sentence, filed pursuant to 28 U.S.C. § 2255 . He contends that he was denied effective assistance of counsel. We have jurisdiction under 28 U.S.C. § 2253 and we reverse and remand for re-sentencing.
FACTUAL AND PROCEDURAL BACKGROUND
The charges against Day arose from two drug sales that he and his co-defendant made to a confidential informant. In the first transaction, Day sold powder cocaine and, in the second transaction, Day sold cocaine base (“crack” cocaine).
Day was indicted on three counts: (1) conspiracy to distribute and to possess with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. §§ 846 and 841(a)(1); (2) distribution of a mixture containing approximately 238.3 grams of cocaine, in violation of 21 U.S.C. § 841 (a)(1); and (3) distribution of a mixture containing approximately 250.8 grams of cocaine base, in violation of 21 U.S.C. § 841 (a)(1).
Prior to trial, the government made a plea offer to Day. In exchange for Day’s guilty plea, the government offered to recommend to the court that Day’s base offense level be 34 and that he receive a three-point…