What is the test for a motion for ineffective assistance of counsel?
MultiRegion, United States of America
The following excerpt is from United States v. Sierra, No. 14-588-cr (2nd Cir. 2015):
"When a claim of ineffective assistance of counsel is raised on direct appeal, we may: (1) decline to hear the claim, permitting the appellant to raise the issue as part of a subsequent petition for writ of habeas corpus pursuant to 28 U.S.C. 2255; (2) remand the claim to the district court for necessary factfinding; or (3) decide the claim on the record before us." United States v. Kimber, 777 F.3d 553, 562 (2d Cir. 2015) (internal quotation marks omitted).
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