United States Eighth Circuit

Conviction and sentence for drug crimes is affirmed where: 1) the district court did not err in denying defendant's claim of ineffective assistance of counsel for failure to explain that the application of the U.S.S.G. section 2D1.1(b)(1) sentencing enhancement required proof of a connection between the firearm and the narcotics offense, as trial counsel's actions in explaining the government's evidentiary burden did not fall below an objective standard of reasonableness; and 2) defendant could not show that had he gone to trial his challenge to the inclusion of the enhancement would have succeeded.

Appellate Information

• Decided 07/20/2009
• Published 07/20/2009

Judges

• PER CURIAM., Before RILEY, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lynn M. Rose, Iowa City, IA, for appellant.


• For Appellees:
  
• Kevin Craig Fletcher, AUSA, Sioux City, IA, for appellee.