Drew Miller v. United States

Whether trial counsel provided ineffective assistance under Strickland v. Washington, 466 U.S. 668 (1984), by refusing to file a motion to dismiss under New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), challenging the constitutionality of 26 U.S.C. § 5861(d) for possession of unregistered silencers, despite Petitioner’s repeated instructions and the absence of any circuit precedent upholding the statute post-Bruen.

Whether Petitioner’s guilty plea was involuntary under Brady v. United States, 397 U.S. 742 (1970), where counsel failed to advise that the plea would limit appellate review of constitutional challenges to plain error, and Petitioner objected during the colloquy specifically to preserve his Bruen and Second Amendment claims regarding loss of firearm rights.