To excuse procedural default of claim in § 2255 proceeding, defendant must show prejudice resulting from appellate attorney’s deficient performance
COLLATERAL REVIEW United States v. Hollis, No. 07-3293, ___ F.3d ___ (10th Cir. Jan. 6, 2009)(Kansas). Appeal of district court’s denial of motion to vacate sentence brought under 28 U.S.C. § 2255. HELD: District court properly denied defendant’s § 2255 motion because he failed to demonstrate that his appellate attorney’s deficient representation resulted in prejudice necessary to excuse procedural default of Sixth Amendment claim brought under Apprendi v. New Jersey, 530 U.S. 466 (2000). Read the opinion here. |
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