United States Tenth Circuit

In a 28 U.S.C. section 2255 petition alleging ineffective assistance of trial counsel, the petition is denied where the omission of a "viable" issue by counsel did not in and of itself constitute ineffective assistance of counsel, and petitioner's double jeopardy argument required a non-obvious extension of currently existing law.

Appellate Information

• Decided 10/14/2009
• Published 10/14/2009

Judges

• TACHA, Circuit Judge., Before TACHA, BALDOCK, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Robert G. Levitt, Esq., Denver, CO, for Appellant.


• For Appellees:
  
• David M. Gaouette, Acting United States Attorney, and Andrew A. Vogt, Assistant United States Attorney, Office of the United States Attorney for the District of Colorado, for Appellee.