Diigo Post Excerpt:
Cronin pled guilty to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) pursuant to a written plea agreement and factual resume. On February 1, 2012, the Court sentenced Cronin to a below-Guidelines term of 60 months imprisonment. Cronin did not file a direct appeal. Instead, he filed this timely motion under 28 U.S.C. § 2255.
In a single ground for relief, Cronin contends that he received ineffective assistance of counsel because his attorney advised him that he was eligible for sex offender treatment while in prison and counsel therefore could not — and did not — request a downward departure under 18 U.S.C. § 3553(a)(2)(D).