Ivy Tucker v. United States

Bauer, Circuit Judge.

In 2010, a jury convicted Petitioner Ivy Tucker of conspiring to distribute more than one gram of heroin in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A). He was sentenced to 40 years' imprisonment after *883 the district court found that his drug distribution resulted in a death. After his conviction was affirmed on direct appeal, Tucker filed a petition pursuant to 28 U.S.C. § 2255 , alleging that he received ineffective assistance of counsel. The district court denied his petition, and this appeal followed.

I. BACKGROUND

On June 23, 2009, a superseding indictment…