Fernandez v. Secretary, Department of Corrections

Florida state prisoner Dennis Fernandez, represented by counsel, appeals the district court’s denial of his petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, in which he sought to vacate, in relevant part, his convictions and sentences for conspiracy to commit racketeering and conspiracy to submit false and fraudulent insurance claims. On appeal, he argues that counsel in his direct appeal was ineffective for failing to argue that these convictions violated double jeopardy. Upon review of the record and consideration of the parties’ briefs, we affirm.

I

After a 41-day jury…