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.
October 14, 2009
Opinion by Judge Tacha
Robert G. Levitt, Denver, CO
David M. Gaouette and Andrew A. Vogt, Assistant United States Attorneys, Office of the United States Attorney for the District of Colorado, Denver, CO