United States v. Franklin, 663 F.3d 1289

Franklin indicted in Oct 2005 for RICO conspiracy, Continuing Criminal Enterprise, and murder counts carrying mandatory life sentences.
Trial strategy conceded guilt to lesser charges to build credibility and avoid-life convictions on heavier counts.
Jury acquitted several counts (including murder) but found Franklin guilty on RICO and CCE, resulting in a life sentence.
On direct appeal, the court remanded the ineffective assistance claim for district court analysis.
On remand, Franklin claimed counsel failed to convey the risk that even with acquittals he could still face life; the district court credited the government's assessment over Franklin's testimony.
District Court rejected Franklin's credibility finding, concluding he would not have accepted a cooperation plea to avoid life, thus no reasonable probability of a different outcome under Strickland.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for the concession strategy given sentencing risk	Franklin argues he would have pled guilty if fully informed	United States asserts no reasonable probability of a different outcome	No; no reasonable probability of a different sentence; strategy not ineffectual.

Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard requires probability of different outcome)
United States v. Wilson, 605 F.3d 985 (D.C. Cir. 2010) (on remand ineffective assistance analysis in this context)