we need a case law on after conviction, in a wire fraud case a timely sentences meaning the government has not yet sentence him for over a year. His lawyer didn't include evidence that would have cleared him,
Needing case law is the reason to have an attorney. If you have one, he is responsible for finding the applicable case law. Not all evidence is admissible, and if you think your lawyer committed malpractice on his case or did not provide representation which rises to the level of that, you should immediately hire another to review what he did to put your mind at ease that this other evidence was relevant and admissible and would have cleared him.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
Federal Rule of Criminal Procedure 32 requires that a defendant be sentenced "without unnecessary delay," but there is no real remedy for a district court's delaying sentencing if it has any remotely-reasonable excuse for the delay. However, that delay may become an argument in support of leniency (the defendant has proven exemplary conduct on pretrial release, and therefore, a lesser term of imprisonment and greater term or supervision may be appropriate, etc.). If the defendant's attorney failed to present critical or compelling evidence in defense of the case, the appropriate course of action would be to pursue a Sixth Amendment ineffective assistance of counsel claim with another attorney at a motion for new trial, on direct appeal if the ineffective representation is clear on the record, or in a post-direct appeal habeas corpus petition pursuant to 28 U.S.C. § 2255. – Joshua Sabert Lowther, Esq., National Federal Defense Group.
Need more facts on this it is serious is there a question?
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