Timothy Blowers v. United States

MEMORANDUM

Appellant Timothy Blowers appeals from the denial of his motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255 . We have jurisdiction under 28 U.S.C. § 1291 . We affirm. '

1. Blowers argues that he received ineffective assistance of counsel when trial counsel failed to object to the admission of a letter written by the Government’s witness. The letter contained various dates that Blowers allegedly violated the law. Blowers argues the letter was inadmissible hearsay. The district court declined to address whether Blowers’ trial counsel performed deficiently, but concluded that, even if he had, his performance was not prejudicial. We agree.

The district court was not required to address whether trial counsel’s performance was deficient where there was no prejudice. Strickland v. Washington, 466 U.S. 668, 697 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). The witness could have testified to the contents of the letter. The letter could have been used to refresh the witness’ recollection. The letter could have been read into evidence under Federal Rule of Evidence 803(5). Thus, the contents of the letter would have been presented to the jury in some form or…