Steven W. Brown v. United States

SMITH, Circuit Judge.

Steven W. Brown (“Brown”) appeals a decision of the District Court, 2 denying his federal habeas corpus petition. See 28 U.S.C. § 2255. The issue we address is whether a federal prisoner may claim ineffective assistance of counsel under § 2255 if his sentencing counsel failed to make an argument like the one that was successful in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2848, 147 L.Ed.2d 435 (2000). We affirm.

I

On April 3, 1997, federal authorities charged Brown with conspiracy to distribute crack cocaine (violating 21 U.S.C. § 846) and possession with intent to…