Sophanthavong v. Palmateer

Opinion by Judge Alarcon; Dissent by Judge Ferguson.ALARCÓN, Circuit Judge.

Somphalávanh Sophanthavong appeals from the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Mr. Sophanthavong contends that the district- court erred in denying his claim that he was denied effective assistance of counsel in violation of the Sixth and Fourteenth Amendments when his trial .counsel (1) misrepresented the applicability of Oregon’s “Second Look” statute to his sentence; (2) failed to explain that his guilty plea required him to stipulate to a departure sentence greater than…