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Rega v. United States

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Argued: May 11, 2001

Appeal from an order in the United States District Court for the Southern District of New York (Louis L. Stanton, Judge) vacating petitioner’s convictions and sentence, pursuant to 28 U.S.C. � 2255. The district court held that petitioner’s counsel had prevented appellant from testifying in his defense and that there was a reasonable probability that the deficient representation affected the outcome of appellant’s trial. We conclude that appellant’s failure to testify was not prejudicial. We therefore reverse.

The government appeals from Judge Stanton’s order vacating the convictions and sentence of petitioner Douglas Rega, pursuant to 28 U.S.C. � 2255. See Rega v. United States, No. 96 Civ. 2728, 2000 WL 356403 (S.D.N.Y. Apr. 6, 2000) (“Rega II”). The district court concluded that Rega did not receive the constitutionally required effective assistance of counsel because his attorney prevented him from testifying on his own behalf. See Rega v. United States, No. 84 CR. 63, 1999 WL 20889, at *4-6 (S.D.N.Y. Jan. 19, 1999) (“Rega I”). The district court further concluded that there was a reasonable probability that the failure to testify adversely affected the outcome of Rega’s trial. See Rega II, 2000 WL 356403, at *3.

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