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Case: 12-10022
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vacate his sentence filed pursuant to 28 U.S.C. 2255.1 Drummond contends that
his defense counsel was constitutionally ineffective under Strickland v.
Washington, 466 U.S. 668 (1984), in failing to advise him of his option to plead
guilty without entering into a written plea agreement.
To establish that his counsel provided ineffective assistance, Drummond
must show that his counsels performance fell below an objective standard of
reasonableness measured by prevailing professional norms, and that this deficiency
prejudiced the defense. See Strickland v. Washington, 466 U.S. 668, 687-88
(1984). We need not decide whether counsel performed deficiently if we conclude
that Drummond was not prejudiced by any alleged deficiency. See id. at 697.
Drummond argues that he received ineffective assistance because he claims
that none of the three defense attorneys who represented him prior to his trial
advised him of the option to enter an open plea and thereby become eligible for a
reduction of his sentence for acceptance of responsibility. However, the magistrate
judge who presided over an evidentiary hearing on Drummonds 2255 petition
found that, even if Drummond had been advised of the opportunity to enter an
open plea, he still would have decided to go to trial. The magistrate judges
Drummond was convicted of conspiring to import cocaine and marijuana, conspiring to
possess cocaine and marijuana, and possessing with intent to distribute marijuana, in violation of
21 U.S.C. 963, 846, 841(a)(1).
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Case: 12-10022
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R. 3 at 54-55.
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