United States v. David Leonti

We confront an issue of first impression in this circuit: whether a viable ineffective assistance of counsel claim can arise in the sentencing context; specifically, whether failing to effectively assist a defendant awaiting sentencing in his willing efforts to provide cooperation to an interested government can constitute a Sixth Amendment violation. Concluding that the pre sentencing cooperation period is a critical stage of the criminal process and that obtaining a substantial assistance motion from the government represents a particularly critical point in that process, we reverse the district court’s refusal to hold an evidentiary hearing on allegations which, if proven true, would make out such a claim.

FACTS AND PROCEDURAL HISTORY

The nature of the district court dismissal leaves us a record consisting largely of Leonti’s allegations which, for the purpose of our review, unless palpably incredible or patently frivolous, must be taken as true. United States v. Schaflander, 743 F.2d 714, 717 (9th Cir.1984).

In late 1995, the DEA acquired information from a cooperating source that Leonti was the head of a group of individuals in San Jose, California who were sending…