An assistant DA offered D a ten-year sentence in exchange for a guilty plea to second-degree murder. D wanted to accept the offer, but his attorney, believing that D was innocent, threatened to withdraw from the case if the offer was accepted. The case proceeded to trial, the jury returned a guilty verdict, and D was sentenced to life imprisonment without the possibility of parole. On an evidentiary hearing on whether D's trial counsel rendered ineffective assistance during the plea process, the trial court found that trial counsel had rendered deficient performance but also found that D suffered no prejudice. On review, the OCCA found prejudice and modified D's sentence to life imprisonment with the possibility of parole, which is the lowest punishment for first-degree murder. D sought habeas relief in federal district court, contending that the remedy for the ineffective assistance of counsel was inadequate. The federal district court held that the modified sentence fell within the statutory sentencing range for first-degree murder in Oklahoma, and thus the modified sentence was inherently constitutional. This appeal resulted.

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