District court order dismissing plaintiff's petition to vacate, set aside, or correct his sentence on the basis of ineffective assistance of counsel is affirmed where appellate counsel's failure to raise a claim that he had the right to counsel at the plea-withdrawal stage was not objectively unreasonable or the cause of any prejudice.
Appeal from the United States District Court for the Western District of New York.
Argued: June 25, 2009
Decided: July 30, 2009
Before PARKER and WESLEY, Circuit Judges, TSOUCALAS, Judge.
Opinion by SCHALL, Circuit Judge.
Dissenting opinion filed by Circuit Judge NEWMAN
For Appellant: Eleanor Jackson Piel, New York, NY.
For Appellee: Frank H. Sherman, Office of the United States Attorney for the Western District of New York, Rochester, NY.