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    Matthew Donte Young appealed his sentence for being a felon in possession of a firearm. He argued that his trial counsel provided ineffective assistance by portraying him as a victim in the sentencing memorandum, rather than accepting responsibility. The court affirmed his sentence, finding that the record did not conclusively establish ineffective assistance based on the high evidentiary standard required on direct appeal. The court determined that any ineffective assistance of counsel claims would be better suited for a motion brought under 28 U.S.C. § 2255 to allow for further development of the record.

    Original Description:

    Filed: 2016-04-25 Precedential Status: Non-Precedential Docket: 15-4660

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    Matthew Donte Young appealed his sentence for being a felon in possession of a firearm. He argued that his trial counsel provided ineffective assistance by portraying him as a victim in the sentencing memorandum, rather than accepting responsibility. The court affirmed his sentence, finding that the record did not conclusively establish ineffective assistance based on the high evidentiary standard required on direct appeal. The court determined that any ineffective assistance of counsel claims would be better suited for a motion brought under 28 U.S.C. § 2255 to allow for further development of the record.

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    6 views3 pages

    United States v. Matthew Donte Young, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    Matthew Donte Young appealed his sentence for being a felon in possession of a firearm. He argued that his trial counsel provided ineffective assistance by portraying him as a victim in the sentencing memorandum, rather than accepting responsibility. The court affirmed his sentence, finding that the record did not conclusively establish ineffective assistance based on the high evidentiary standard required on direct appeal. The court determined that any ineffective assistance of counsel claims would be better suited for a motion brought under 28 U.S.C. § 2255 to allow for further development of the record.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-4660

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    MATTHEW DONTE YOUNG,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville. Martin K. Reidinger,
    District Judge. (1:14-cr-00080-MR-DLH-1)

    Submitted:

    April 21, 2016

    Decided:

    April 25, 2016

    Before WILKINSON, KING, and KEENAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Carol Ann Bauer, Morganton, North Carolina, for Appellant. Jill


    Westmoreland Rose, United States Attorney, Anthony J. Enright,
    Assistant United States Attorney, Charlotte, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Matthew Donte Young appeals his sentence for being a felon in
    possession of a firearm, in violation of 18 U.S.C. 922(g)(1)
    (2012).

    He

    argues

    that

    trial

    counsel

    rendered

    ineffective

    assistance by portraying Young in the sentencing memorandum and


    request for downward departure as a victim of the system when this
    same system was about to sentence him.

    We affirm.

    [A] defendant may raise a claim of ineffective assistance of


    counsel in the first instance on direct appeal if and only if it
    conclusively appears from the record that counsel did not provide
    effective assistance.

    United States v. Galloway, 749 F.3d 238,

    241 (4th Cir. 2014) (alterations, emphasis, and internal quotation


    marks omitted).

    Absent such a showing, ineffective assistance

    claims should be raised in a motion brought pursuant to 28 U.S.C.


    2255 (2012), in order to permit sufficient development of the
    record.
    Cir.

    United States v. Baptiste, 596 F.3d 214, 216 n.1 (4th

    2010).

    establish
    standard.

    Because

    Youngs

    the

    claim,

    record
    Young

    here

    does

    does

    not

    not

    meet

    conclusively

    this

    demanding

    This claim should be raised, if at all, in a 2255

    motion.
    Accordingly, we affirm the judgment of the district court.
    We

    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    legal

    contentions are adequately presented in the materials before this


    court and argument would not aid the decisional process.
    AFFIRMED

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