In a 28 U.S.C. section 2255 petition alleging ineffective assistance of trial counsel, the petition is denied where the omission of a “viable” issue by counsel did not in and of itself constitute ineffective assistance of counsel, and petitioner’s double jeopardy argument required a non-obvious extension of currently existing law.
Read US v. Challoner, No. 08-1335
Appellate Information
October 14, 2009
Judges
Opinion by Judge Tacha
Counsel
For Appellant:
Robert G. Levitt, Denver, CO
For Appellee:
David M. Gaouette and Andrew A. Vogt, Assistant United States Attorneys, Office of the United States Attorney for the District of Colorado, Denver, CO
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