In a habeas matter involving drug distribution, the denial of Petitioner's petition is affirmed, where Petitioner failed to show prejudice based on his counsel's allegedly ineffective performance, because there was no reasonable probability that the state court would have imposed a sentence of less than twenty years had counsel not made his alleged errors.
Read the full decision in McGee v. Higgins, No. 07-6243.
Appellate Information:
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (D.C. No. 5:06-CV-00807-R)
Decided on June 16, 2009
Judges:
Before O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.
Opinion by TYMKOVICH, Circuit Judge.
Counsel:
Fred Randolph Lynn, Tulsa, Oklahoma, for Petitioner-Appellant.
W.A. Drew Edmondson, Attorney General of Oklahoma, Stephanie D. Jackson,
Assistant Attorney General, Oklahoma City, Oklahoma, for Respondent-Appellee.