James Hamilton v. United States
HabeasCorpus
Counsel ineffective in violation of the Sixth Amendment for failing to recognize and address the methamphetamine disparity violation committed by the Government and District Court for the unconstitutional practice of "assuming" a substance can be reduced absent a substantial step taken by the Defendant in reliance on USSG §2D1.1 Notes to Drug Quantity Table "B", and Sentencing a Defendant to a "type" of drug "not specified" in the count of conviction in violation of USSG §2D1.1 application note 5?
Was Counsel ineffective for not arguing that USSG §2D1.1(b)(5)(B)'s Language, when given its plain meaning requires at minimum a mitigating role consideration under §3B1.2 before the application of the importation enhancement?
Was trial Counsel ineffective for failing to orally address Hamilton's lack of knowledge in relation to the methamphetamine importation enhancement in USSG §2D1.1(b)(5) when there is a circuit split over said "mens rea"?
Was counsel ineffective in violation of the Sixth Amendment for failing to recognize and address the methamphetamine disparity violation committed by the Government and District Court