Nesser v. Wolfe

BERTELSMAN, District Judge:

Petitioner-Appellant, David A. Nesser, Jr., appeals the district court denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. Nesser was convicted in Ohio state court in 2002 for three counts of gross sexual imposition and sentenced to nine years’ imprisonment. Nesser contends that the district court erred in rejecting his claim that his sentence was unconstitutionally imposed, that his trial and appellate counsel were ineffective, and that any procedural defaults should be excused because he is actually innocent.

We AFFIRM.

FACTUAL AND PROCEDURAL…