United States Eighth Circuit

Habeas relief on a claim of ineffective assistance of counsel was erroneous as attorney's conduct was not deficient because, at the time of trial, the district court would have been required to deny a motion to dismiss the indictment that was premised on the argument that a state conviction could not serve as a predicate felony offense.

Appellate Information

• Decided 09/11/2003
• Published 09/11/2003

Judges

• BOWMAN, Circuit Judge., Before BOWMAN, BEAM, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David P. Steinkamp argued, Assistant U.S. Attorney, Minneapolis, MN (Thomas B. Heffelfinger, on the brief), for appellant.


• For Appellees:
  
• Jordan S. Kushner, argued, Minneapolis, MN, for appellee.