163298P.pdf   03/22/2018  Lorenzo Roundtree  v.  United States
   U.S. Court of Appeals Case No:  16-3298
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Loken, Author, with Wollman and Murphy, Circuit Judges] 
   Prisoner case - Habeas. For the court's prior opinion remanding the matter 
   for a hearing on Roundtree's claim that trial counsel was ineffective for 
   failing to advise that he faced a potential mandatory life sentence, see 
   Roundtree v. U.S., 751 F.3d 923 (8th Cir. 2014). On remand, Roundtree 
   sought to add an issue regarding the jury instructions, citing Burrage v. 
   U.S., 134 S.Ct. 881 (2014). The district court court denied the request, 
   and on appeal, this court remanded. On remand, the district court 
   concluded Roundtree was procedurally barred from raising the Burrage 
   claim. Based on the uncontradicted medical testimony in the case (that 
   absent the incremental effect of the heroin distributed by defendant the 
   victim would have lived), the incorrect jury instruction did not result in 
   prejudice which would excuse Roundtree's procedural default, as no 
   reasonable jury would have found that the heroin provided by Roundtree was 
   a contributing factor but not the but-for-cause of the victim's fatal 
   overdose.