Hamberg v. United States, No. 11-1415 (8th Cir. 2012)Annotate this Case
Defendant was convicted of conspiracy to distribute and possess with intent to distribute methamphetamine and of two counts of using a firearm during a drug trafficking crime. At issue was whether counsel was ineffective for failing to object to the imposition of two consecutive sentences for the two firearms convictions based on defendant's employment of the same firearm in a single-drug-trafficking offense. The court held that defendant's counsel acted within the range of professional competence when he chose not to object to the district court's application of the settled law. Because counsel's performance was not deficient, defendant's claim of ineffective assistance failed and the judgment was affirmed.