162820P.pdf   11/09/2017  Gillman Roddy Long  v.  United States
   U.S. Court of Appeals Case No:  16-2820
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Shepherd, Author, with Wollman and Gruender, Circuit Judges] 
   Prisoner case - Habeas. The district court did not err in denying Long's 
   ineffective assistance of counsel at trial claim; counsel did not violate 
   Long's Sixth Amendment right to effective assistance of counsel by failing 
   to object to the Government's use of his pre-arrest, pre-Miranda statement 
   to law enforcement; the court noted in Long's direct appeal that the law 
   was not settled on this issue and that there was a complete lack of Eighth 
   Circuit authority on the question; as such, counsel's performance in not 
   challenging the testimony was within the wide range of professionally 
   competent counsel. For Long's direct appeal, see U.S. v. Long, 721 F.3d 
   920 (8th Cir. 2013).