United States v. Challoner

TACHA, Circuit Judge.

Dale Challoner, a federal prisoner, filed a habeas petition pursuant to 28 U.S.C. § 2255 alleging ineffective assistance of counsel and violation of the Double Jeopardy Clause. The district court denied his petition. This court granted a certificate of appealability (“COA”) on the issue of “whether Mr. Challoner’s sentence on Count 14, which charged a violation of 18 U.S.C. § 844(h), violates the Double Jeopardy Clause.” Our jurisdiction arises under 28 U.S.C. §§ 1291 and 2253, and we AFFIRM.

I. BACKGROUND

This court summarized the background of this case on direct appeal.…