United States Second Circuit

Petition for writ of habeas corpus and appeal were properly denied, where: 1) petitioner's trial counsel's performance was not constitutionally defective for failing to challenge a second offender notice filed by the government because trial counsel should not be faulted for failing to raise an objection to the second offender enhancement the legal basis for which was not sustained until almost three years after trial; and 2) even if trial counsel's performance was deficient, there is not a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.

Appellate Information

• Decided 01/30/2013
• Published 01/30/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel