United States v. Demetrius McKoy

584 F. App'x 146

Opinion

Affirmed in part; dismissed in part by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Demetrius McKoy appeals the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. We granted a certificate of appealability on the issue of whether McKoy’s trial counsel, Curtis High, rendered ineffective assistance at the plea bargaining stage of proceedings by advising McKoy to go to trial because the Government could not convict him of a drug trafficking offense. After reviewing the record and the parties’ informal briefs, we conclude that McKoy failed to demonstrate prejudice from High’s alleged deficient performance. See Lafler v. Cooper, — U.S.-,-, 132 S.Ct. 1376, 1387, 182 L.Ed.2d 398 (2012). Accordingly, we affirm the district court’s denial of relief on the claim for which we granted a certificate of appealability. With regard to McKoy’s remaining claims, we deny a certificate of appealability and dismiss that portion of the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED IN PART; DISMISSED IN PART.