UNITED STATES OF AMERICA v. JOLON DEVON CARTHORNE
US Court of Appeals for the Fourth Circuit, Keenan, Dec. 21, 2017,
IAC – A mistake by trial counsel that does not qualify as “plain error” may still satisfy the Strickland prejudice prong and constitute ineffective assistance of counsel.

In 2010, Carthorne pled guilty in federal court to PWID and prohibited possession of a firearm.
Carthorne was then sentenced as a career offender based on two prior convictions, including a Virginia conviction for assault and battery of a police officer.
On appeal, Carthorne argued that Virginia’s assault and battery of a police officer required only the “slightest touching” and not the serious risk of injury required by sentencing guidelines to qualify as a crime of violence.
The Fourth Circuit denied Carthorne’s appeal, holding that Carthorne did not object at trial and refusing to address the issue due to “plain error.”
Carthorne then filed for post-conviction relief, arguing that his attorney was constitutionally ineffective for failing to object.

Held:
The 4th Circuit agreed. Even though it wasn’t plain error, a competent attorney should have known that the Virginia law would not count as a crime of violence.