U.S. v. Parker

Federal 7th Circuit Court
Criminal Court
Citation
Case Number: 
Nos. 09-4044 & 09-4046 Cons.
Decision Date: 
June 16, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in denying defendant's motion to vacate his sentence that was filed in habeas petition that alleged that his trial counsel was ineffective in giving defendant wrong advice prior to defendant's entry of guilty plea to drug distribution charge. While counsel gave wrong advice with respect to issue of maximum potential sentence and with respect to inflated amount of cocaine attributable to defendant, defendant could not show prejudice where: (1) actual potential sentence was higher than what counsel told defendant; and (2) defendant admitted to higher quantity of drugs when entering guilty plea.