John Kendal Stacey v. Herman Solem, Warden, South Dakota State Penitentiary and Mark v. Meierhenry, Attorney General, State of South Dakota

MAGILL, Circuit Judge.

John Kendal Stacey appeals from the district court’s 1 denial of habeas corpus relief. Stacey contends that he did not enter his guilty plea knowingly and voluntarily and that he was denied effective assistance of counsel. We affirm the district court’s denial of relief.

I. BACKGROUND.

This case arose when Stacey stabbed a man during a fight. Before trial, the prosecuting attorney made a plea bargain offer that he would recommend no more than a five-year sentence in exchange for a guilty plea, in lieu of a possible ten-year sentence if Stacey was found guilty by a jury.…