Swanson v. U.S.

Dist. Ct. did not err in denying defendant's habeas petition challenging his 151-month term of incarceration on fraud and money-laundering offenses, based in part on enhancement under section 3B1.1(a) of USSG where defendant argued that his trial counsel was ineffective for abandoning his objection to such enhancement during sentencing hearing. Record showed that trial counsel did not abandon said objection where counsel registered objection to said enhancement in writing, never withdrew it, continued to argue for lower offense level and affirmatively stated he was not waiving any objection. Moreover, record showed, if anything, that defendant's appellate counsel failed to raise enhancement issue on direct appeal, yet defendant was not entitled to any habeas relief since defendant did not challenge his appellate counsel's effectiveness.