What is the test for a claim of ineffective assistance of counsel on appeal?

MultiRegion, United States of America

The following excerpt is from United States v. Reyes, No. 16-2936-cr (2nd Cir. 2018):

Reyes contends that his counsel rendered constitutionally ineffective assistance during sentencing by initially withdrawing, and then failing to renew, his objection to the enhancement for obstruction of justice. "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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