United States v. Antwaine McCoy

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

Antwaine McCoy appeals the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. We granted a certificate of appealability on the issue of whether McCoy’s counsel rendered ineffective assistance by failing to argue that two of McCoy’s prior controlled substance convictions, used to enhance his federal sentence, were obtained in violation of the Double Jeopardy Clause. Having reviewed the parties’ briefs and the record on appeal, we affirm the judgment below.

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