161840P.pdf   05/26/2017  Showin Keon Davis  v.  United States
   U.S. Court of Appeals Case No:  16-1840
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Benton, Author, with Loken and Murphy, Circuit Judges] 
   Habeas Case - Motion to Vacate. Government appeals from the grant of 
   relief on claim asserting ineffective assistance of counsel in failing to 
   provide Davis with information to make an informed decision on a proposed 
   plea agreement and the order to reoffer a five-year plea deal. The 
   district court clearly erred in finding that Davis suffered from mental 
   illness that impaired his ability to understand legal advice and make 
   reasoned decisions, contradicted its finding that Davis was competent to 
   plead guilty and be sentenced, and clearly erred in finding counsel should 
   have known that Davis was not able to understand. The district court's 
   finding that counsel's communication style did not mesh with Davis is 
   insufficient to find ineffective assistance of counsel. The district court 
   did not err in concluding that counsel did not correctly advise Davis 
   about his lack of eligibility for the safety-valve exception to the 
   mandatory minimum sentence, but erred in directing the government to 
   reoffer the five-year deal. The judgment is vacated and remanded to the 
   district court to determine whether Davis was prejudiced by the 
   safety-valve advice.