United States v. Xavier Orange, 21f4th162

Xavier Orange convicted (pleaded guilty) to two counts of 18 U.S.C. § 922(g)(1) after officers found a Sig Sauer on his person and a Glock plus magazines/ammunition in an apartment with his mail and DNA.
At plea, prosecution computed a Guidelines range of 21–27 months and agreed to request the low end; plea waiver foreclosed direct appeal of sentence but preserved ineffective-assistance claims.
The PSR increased offense levels for an alleged obliterated serial number (later conceded not true) and for an extended .45 magazine the PSR said the Glock could accept; those adjustments produced a higher Guidelines range.
At sentencing defense counsel conceded that Orange’s prior D.C. attempted-assault-with-a-dangerous-weapon conviction was a Guidelines "crime of violence;" the court found the extended magazine was Orange’s and in close proximity to the Glock.
The court adopted a 46–57 month Guidelines range and imposed concurrent 57-month sentences, expressly stating it would have imposed the same sentence even if the Guidelines range were different, based on Orange’s prior firearms history and danger to the community.
Orange appealed, alleging ineffective assistance of counsel at sentencing (failure to contest the crime-of-violence classification and the magazine-fitting finding), claiming prejudice under Strickland.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for conceding the prior conviction was a "crime of violence" under the Guidelines	Orange: counsel should not have conceded that legal point; doing so inflated Guidelines range and sentence	Government/District Ct: even without that concession the court would have imposed the same sentence for independent reasons	No prejudice; counsel's alleged errors did not show a reasonable probability of a lower sentence
Whether counsel was ineffective for failing to contest that the extended .45 magazine fit the Glock / was in close proximity	Orange: there was insufficient evidence the magazine fit the Glock or belonged to him; a proper challenge would have kept range at 21–27 months	Government/District Ct: court found magazine belonged to Orange and was in close proximity; even if Guidelines were lower, sentence would remain the same	No prejudice; district court expressly stated it would vary upward and gave independent reasons for the sentence

Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong ineffective-assistance test: performance and prejudice)
Molina-Martinez v. United States, 578 U.S. 189 (2016) (incorrect Guidelines range generally shows prejudice unless record shows sentence independent of Guidelines)
United States v. Parks, 995 F.3d 241 (D.C. Cir. 2021) (discusses prejudice where record silent on what court would do with correct Guidelines)
United States v. Brown, 892 F.3d 385 (D.C. Cir. 2018) (Guidelines crime-of-violence analysis referenced by district court)
United States v. Sitzmann, 893 F.3d 811 (D.C. Cir. 2018) (remand practice for colorable ineffective-assistance claims)
United States v. Marshall, 946 F.3d 591 (D.C. Cir. 2020) (affirming no prejudice where record shows outcome unchanged)
United States v. Murray, 897 F.3d 298 (D.C. Cir. 2018) (prejudice inquiry under Strickland in sentencing context)
United States v. Eli, 379 F.3d 1016 (D.C. Cir. 2004) (ineffective-assistance principles in sentencing review)