Tucker v. U.S.

Dist. Ct. did not err in denying defendant’s habeas petition challenging his 40-year sentence on charge of drug distribution, where: (1) defendant’s counsel stipulated with govt. to omit all evidence of purchaser’s death during trial and to allow Dist. Ct. to determine at any sentencing hearing whether ingestion of drugs sold by defendant caused purchaser’s death; and (2) said sentence was imposed after Dist. Ct. found under section 2D1.1(a)(2) of USSG that drug distributed by defendant caused death of individual purchasing drug. While defendant asserted that his trial counsel was ineffective for entering into said stipulation, since court in Lawless, 818 F.3d 281, subsequently found that section 2D1.1(a)(2) can apply only when resulting death of purchaser was element of crime of conviction that was proved beyond reasonable doubt or admitted by defendant, Ct. of Appeals found that counsel was not ineffective, where: (1) counsel could not anticipate subsequent decision in Lawlor; and (2) counsel’s stipulation with govt. to remove from jury factual question of whether death resulted from drug distribution was reasonable calculation that defendant was more likely to achieve acquittal on drug charge if such evidence was not before jury.