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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.