DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182493P.pdf 08/15/2019 United States v. Alvin Felicianosoto
U.S. Court of Appeals Case No: 18-2493
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Kelly, Author, with Colloton and Erickson, Circuit Judges]
Criminal case - Criminal law and sentencing. Defense counsel's statement
that defendant was guilty of possession of methamphetamine with intent to
distribute was consistent with defendant's own trial testimony that he
held four ounces of methamphetamine for another person who would
distribute it and counsel's concession of guilt did not violate
defendant's autonomy to decide the objective of his defense; a claim of
ineffective assistance of counsel can be brought in a subsequent Sec. 2255
motion; no error in imposing an enhancement under Guidelines Sec. 3C1.1
for obstruction of justice based on the court's determination defendant
committed perjury; the district court properly considered the 3553(a)
factors in determining sentence; the within-guidelines sentence was not
substantively unreasonable.