Nichols v. U.S., No. 05-6452 (6th Cir.) (563 F.3d 240) (April 29, 2009) (Judge Alice M. Batchelder)
Ruling en banc, a divided Sixth Circuit reversed a prior panel decision which held that the petitioner, Thomas Nichols, has been denied the effective assistance of counsel by his attorney’s failure to argue that it was improper to enhance his sentence based on facts that had not been proved to ...
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