In U.S. v. Payne, No. 08-12944 (May 7, 2009), the Court rejected an inmate’s motion under 28 U.S.C. § 2255 which claimed ineffective assistance of appellate counsel.
Payne pointed out that his appellate counsel had failed to challenge on appeal the district court’s imposition of a two-level "abuse of trust" sentence enhancement based on Payne’s status as a pastor. The Court had held in U.S. v. Hall that a defendant’s status as a pastor did not suffice to support a two-level "abuse of trust" sentence enhancement. However, Hall predated Payne’s appeal. Payne’s appellate counsel raised other issues on appeal. "Therefore, it was a reasonable strategy for counsel to focus this Court’s attention on those issues that he felt were the strongest."
