Elion v. U.S.

Defendant pleaded guilty to distributing methamphetamine and the district court imposed a lengthy sentence for being a “career offender.” In a federal habeas petition, defendant argued that his attorney’s failure to object to the sentence was deficient and prejudicial. The Seventh Circuit affirmed, finding that defendant’s counsel's performance was not deficient because counsel identified the correct issues and properly applied the categorical approach and that her failure to reach the correct legal conclusion alone was not sufficient to establish deficient performance. (SCUDDER and KIRSCH, concurring)