Here, where plaintiff alleges that his attorney wrongly advised him regarding what the government had to prove to convict him of tax evasion, and that he therefore rejected a plea overture, his application for a writ of habeas corpus based on ineffective assistance of counsel is denied; there was no formal plea offer and he cannot establish that, had there been one, there was a reasonable probability that he would have accepted it; moreover, it cannot be concluded that counsel's performance was deficient.
December 20, 2004 at 12:00 AM
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