Foster v. U.S.

Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Case Number: 
No. 12-1961
Decision Date: 
October 30, 2013
Federal District: 
N.D. Ind., Hammond Div.
Dist. Ct. did not err in denying defendant’s habeas petition challenging his conviction on drug distribution charge on ground that his trial counsel was ineffective in failing to inform defendant during plea negotiations that his prior conviction would trigger section 851 provisions calling for higher minimum penalty of 20 years on instant charge, where prosecutor’s plea offer was sentence that was five months below 20-year term. While counsel admitted to failing to inform defendant of any 851 treatment on his potential sentence that defendant believed during plea negotiations was only 10-year minimum, defendant failed to show any prejudice with respect to his counsel’s representation, where at time of plea negotiations defendant was emphatic that he would not accept any proposed plea agreement that had been offered to him.