HOOD v. US, 02-3260
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.
- Decided 09/11/2003
- Published 09/11/2003
BOWMAN, Circuit Judge., Before BOWMAN, BEAM, and BYE, Circuit Judges.
United States Eighth Circuit
David P. Steinkamp argued, Assistant U.S. Attorney, Minneapolis, MN (Thomas B. Heffelfinger, on the brief), for appellant.
Jordan S. Kushner, argued, Minneapolis, MN, for appellee.