McCoy v. United States, No. 11-3457 (2d Cir. 2013)
Annotate this CasePetitioner appealed from the district court's denial of his petition for writ of habeas corpus. The district court held that petitioner's trial counsel was not constitutionally defective for failing to challenge a second offender notice filed by the government, which caused the five year mandatory minimum sentence for petitioner's convictions to increase to ten years. Given the defense bar's long-held position that Connecticut narcotics convictions categorically qualified under 21 U.S.C. 851, it did not constitute ineffective assistance for trial counsel to fail to challenge the second offender notice. Even if trial counsel's performance was deficient, there was not a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Accordingly, the court affirmed the judgment.
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