Tucker

MEMORANDUM *

Eric Laroy Tucker brings this habeas appeal challenging his sentence for the rape of his eight year-old stepdaughter. We reject Tucker’s ineffective assistance of counsel claim, because Tucker cannot show the required prejudice. See Strickland v. Washington, 466 U.S. 668, 686 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). First, the trial court explicitly stated that it did not rely on any material in the presentence investigation report (“PSI”) to which Tucker then had objected. As to the argument now made by Tucker that his counsel was ineffective because counsel should have ob *73 jected further, we find no prejudice. Even if Tucker’s attorney had objected to parts of the PSI and the sentencing court had decided the contested facts in Tucker’s favor, Tucker still would have been eligible for the enhanced sentence, based on his “ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over [what the state courts could consider] a prolonged period of time.” Wash. Rev. Code § 9 .94A.390(2)(g) (2000).

We also reject Tucker’s argument that the sentencing enhancement was unconstitutionally vague. The sentencing…