Harden v. U.S.

Dist. Ct. did not err in dismissing without evidentiary hearing defendant’s section 2255 habeas petition challenging his life sentence under 21 USC section 841(b)(1)(B), after jury found defendant guilty of conspiracy to distribute heroin, and that victim’s death had “resulted from” use of said heroin. Defendant alleged that his trial counsel was ineffective for failing to object to death-results jury instruction that failed to explain that govt. needed to prove that victim would not have died “but for” heroin distributed by defendant. Instant instruction, though, tracked “results from” language from section 841(b)(1)(B) and was accurate statement of law, especially where: (1) defendant’s heroin was only source of heroin consumed by victim; and (2) medical expert testified that ingestion of heroin was cause of victim’s death. Moreover, defendant failed to establish any prejudice arising out of issuance of instant jury instruction, since nothing about defendant’s trial indicated that jury believed that it could hold defendant liable for victim’s death if heroin was only contributing cause of victim’s death. Also, Dist. Ct. could properly reject defendant’s claim that his counsel was ineffective for failing to call expert to suggest that ingestion of .1 gram of heroin at issue in instant case is not lethal, where defendant failed to show that such expert testimony existed.