DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
122561P.pdf 01/09/2014 Larry Covington v. United States
U.S. Court of Appeals Case No: 12-2561
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Wollman, Author, with Smith and Kelly, Circuit Judges]
Prisoner case - habeas. Assuming that counsel was deficient during plea
negotiations by agreeing to application of Guidelines Sec. 2C1.1 instead
of Sec. 2B1.1, Covington failed to show this deficiency prejudiced him;
further, counsel could not argue the issue at sentencing without breaching
the plea agreement and exposing defendant to possible prejudice; as a
result, Covington could not demonstrate that he was prejudiced by
counsel's failure to object to application of the section at sentencing.