Stallings v. United States

RIPPLE, Circuit Judge.

Brett Stallings was convicted of possession of a firearm by a felon. See 18 U.S.C. § 922(g). Mr. Stallings, an armed career criminal, see id. § 924(e), was sentenced to 188 months’ imprisonment shortly before the Supreme Court decided United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) (holding that the sentencing guidelines are advisory, not mandatory). In this postconvietion proceeding under 28 U.S.C. § 2255, Mr. Stallings contends that counsel on direct appeal was ineffective because she failed to raise a claim under Booker. For the reasons…