133320P.pdf   07/16/2015  Ronald Weaver  v.  United States
   U.S. Court of Appeals Case No:  13-3320
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Riley, Author, with Loken and Shepherd, Circuit Judges] 
   Prisoner case - Habeas. For the court's decision in Weaver's direct 
   appeal, see U.S. v. Weaver, 554 F. 3d 718 (8th Cir. 2009). The district 
   court erred in finding that sentencing counsel was ineffective by failing 
   to move for a new trial before sentencing;counsel acted reasonably when he 
   investigated the availability of two co-defendants and concluded, based on 
   their attorneys' representations, that the men had refused to testify for 
   Weaver; in deciding not to file the motion counsel made strategic choices 
   based on reasonable professional judgments supporting the limits on 
   investigation and fulfilled his duty to make reasonable investigations or 
   make a reasonable determination that makes particular investigation 
   unnecessary; claim that counsel was ineffective for failing to object to 
   Weaver's waiver of the right to have thirty days to prepare for trial 
   under 18 U.S.C. Sec. 3161(c)(2) rejected for failure to show any prejudice 
   from the lack of a written waiver; counsel reasonably relied upon the 
   general rule that belated exculpatory testimony by a codefendant who did 
   not testify at trial is not newly discovered evidence and reasonably 
   concluded that the co-defendants' silence at the time of trial and change 
   of heart after Weaver's trial and their sentencing hearings did not 
   constitute newly discovered evidence.