United States Seventh Circuit

District court's denial of defendant's request for habeas relief challenging the resentencing following a conviction for being a felon in possession of a firearm, is affirmed where: 1) because defendant has failed to meet his burden to show that he requested his appellate counsel to file an appeal, this ineffective assistance of counsel claim lacks merit; 2) defendant's claim that his appellate counsel was ineffective for failing to investigate and challenge his armed career criminal (ACC) classification is without merit; and 3) defendant's claim that the district court erred when it classified him as an ACC is rejected as he did not bring this claim on appeal and has not established cause and prejudice.

Appellate Information

• Argued 09/17/2010
• Decided 12/10/2010
• Published 12/10/2010

Judges

• KANNE

Court

• United States Seventh Circuit

Counsel