Vineyard v. U.S. 

Dist. Ct. did not err in denying defendant’s habeas petition alleging that his trial counsel rendered ineffective assistance of counsel by advising him to forego direct appeal and to pursue habeas relief in defendant’s efforts to challenge Dist. Ct.’s order denying his motion to vacate his guilty plea. Counsel’s advice amounted to strategic choice that was not erroneous, where: (1) defendant’s challenge to voluntariness of his guilty plea relied on alleged facts that were not contained in record, and thus could not have been considered in any direct appeal; and (2) any direct appeal raising ineffective assistance of counsel claim that could not be fully addressed in direct appeal could have risked finding of procedural default on said claim in any subsequent habeas petition. Defendant also failed to establish any prejudice arising out of counsel’s advice to forego direct appeal.