United States v. Bryan Behrens, No. 14-1004 (8th Cir. 2014)
Annotate this CaseCourt Description: Prisoner case - habeas. For the court's opinion on Behrens' direct appeal, see United States v. Behrens, 713 F.3d 926 (8th Cir. 2013); Behren's subject matter jurisdiction argument and his related ineffective assistance of counsel claims are meritless.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1004 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Bryan S. Behrens lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: September 2, 2014 Filed: September 5, 2014 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Bryan Behrens, whose sentence on a securities-fraud conviction we affirmed, see United States v. Behrens, 713 F.3d 926, 927 (8th Cir. 2013), appeals the district court s1 order denying 28 U.S.C. § 2255 relief without an evidentiary hearing. In his motion, Behrens claimed his criminal conviction was void based on an alleged lack of subject matter jurisdiction in light of an order entered in a prior civil proceeding. He also claimed his counsel was ineffective for failing to raise the issue. Because Behren s subject-matter-jurisdiction and related ineffective-assistance claims are meritless, see United States v. White Horse, 316 F.3d 769, 772 (8th Cir. 2003) (subject matter jurisdiction established by 18 U.S.C. § 3231); Rodriguez v. United States, 17 F.3d 225, 226 (8th Cir. 1994) (per curiam) (counsel s failure to advance meritless argument cannot constitute ineffective assistance), we affirm. ______________________________ 1 The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska. -2-
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