Full opinion text
ORDER DENYING CLAIMS. III D THROUGH III O OF DEFENDANT’S MOTION TO VACATE AND FOR A NEW TRIAL, INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW ASSOCIATED WITH EVI-DENTIARY HEARINGS HELD OCTOBER 31, NOVEMBER 1, AND NOVEMBER 3,1995 HANCOCK, Senior District Judge. Presently before the Court is defendant Chandler’s motion, pursuant to 28 U.S.C. § 2255 and Rule 33, Fed.R.Crim.P., to vacate his conviction and sentence and for a new trial. This motion has been amended several times; the most recent version of the motion was filed on October 10, 1995, and this version was amended to add one new claim on January 18,1996. Background David Ronald Chandler was convicted in this Court on April 2,1991 on all nine counts of a superseding indictment. Count I of the indictment charged Chandler (along with 15 codefendants) with conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana or more than 1,000 marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(l)(A)(vii), and 846. Count II charged Chandler with engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848(a). Counts IV and V charged Chandler with using a firearm in furtherance of the commission of drug offenses, in violation of 18 U.S.C. § 924(c)(1). Counts VI through IX charged Chandler with various money laundering transactions under 18 U.S.C. § 1956(a)(1). Finally, and most significantly, Chandler was charged in Count III of committing a murder in connection with a continuing criminal enterprise, in violation of 21 U.S.C. § 848(e)(1)(A). The government sought the death penalty under Count III, and on April 3, 1991, the jury unanimously found that Chandler should receive the death penalty. Chandler appealed his conviction, and the Eleventh Circuit affirmed on July 19, 1993. See United States v. Chandler, 996 F.2d 1073. Chandler’s motion for rehearing and rehearing en banc was denied on September 30, 1993, and the Supreme Court denied certiorari on June 20, 1994. See 512 U.S. 1227, 114 S.Ct. 2724,129 L.Ed.2d 848. On March 20, 1995, Chandler filed his petition to vacate his conviction and sentence and for a new trial pursuant to 28 U.S.C. § 2255 and Rule 33, Fed.R.Crim.P. After several amendments, that petition raises approximately 90 grounds for relief. What follows is a synopsis of the evidence that was presented at Chandler’s trial. After discussing that evidence, the Court will summarize the course of proceedings that has occurred so far with regard to Chandler’s § 2255/Rule 33 motion, followed by a disposition on the merits of approximately two-thirds of the claims raised in the motion, numbered III D through III O. The remaining claims, numbered III A through III C, are the subject of a separate Order entered this day. Paul Watson, one of Chandler’s co-conspirators, began the government’s case by testifying about the details of Chandler’s marijuana dealings in 1989 and 1990. Watson testified about six runs to Texas to procure various amounts of marijuana ranging from 30 to 200 pounds; these trips were made by Charles Ray Jarrell, Richard Fields, or both. (Tr. 3-57 to -72). On one trip, Fields was stopped and arrested with $106,000 in cash while on his way to make a purchase in Texas. (Tr. 3-71 to-72). Watson also testified about obtaining approximately 100 pounds of marijuana for Chandler from Fred Moncrief, another co-conspirator. (Tr. 3-74 to -76). After these transactions, Watson and Chandler arranged to purchase an additional 100 pounds of marijuana from Moncrief, and the two headed to Georgia (where Moncrief lived) on May 30, 1990 with approximately $85,000 to make the purchase. (Tr. 3-78 to -81). As it turned out, Moncrief s source for the marijuana was Georgia Bureau of Investigation Agent Patrick Skinner, and Moncrief, Chandler, and Watson were all arrested on May 30 by the Georgia authorities. (Tr. 3-84 to -85). Watson also testified about some other, smaller transactions in which he purchased five to ten pounds of marijuana from Chandler on each of several occasions. (Tr. 3-100 to -108). Watson related a conversation he had with Chandler regarding the cultivation of marijuana, in which Chandler told Watson that he usually planted around 5,000 marijuana plants per year. (Tr. 3-109). Charles Ray Jarrell, Sr., also testified about Chandler’s marijuana dealings. Jarrell testified that he was living with Chandler, doing odd jobs, and Chandler employed him to guard two marijuana patches. (Tr. 3-186 to -88). Jarrell also testified that he drove Chandler and Bobby J. Steed (another co-eonspirator) out into the woods so that Chandler and Steed could dig several hundred marijuana patches. (Tr. 3-191 to -94). Jarrell stated that the three men recorded the locations of these patches in notebooks that they kept, with each man using a different code that only that person understood. (Tr. 3-194). Charles Ray also testified about the details of the several marijuana runs he and Richard Fields had made to Texas for Chandler. (Tr. 3-196 to -219). Waylon Motes, like Charles Ray Jarrell, testified about Chandler’s marijuana growing activities. Motes stated that he had helped Chandler prepare and fertilize approximately 100-125 marijuana plots. (Tr. 4-173 to - 176) . Motes testified that Chandler kept track of these plot locations by recording them in a small notebook. (Tr. 4-176 to - 177) . After preparing marijuana seeds for planting, Motes testified that he and Chandler planted “several thousand” marijuana plants at these prepared locations in the woods. (Tr. 4-179 to -84). Eventually, Motes and Chandler harvested the plants and stored the prepared marijuana in buried trash cans. (Tr. 4-187 to -191). Motes testified that Chandler arranged for the sale of the marijuana, and that Motes’ share of the profit was $65,000. (Tr. 4r-192 to -193). Further evidence of Chandler’s growing activities came from Johnny Lowe, an employee of a farming cooperative in Georgia. Lowe testified that Chandler had, on each of two occasions, purchased 10,000 pounds of slow release fertilizer from Lowe’s employer, with the sales being arranged by Lowe. (Tr. 5-228 to 229). Another employee of the cooperative, Albert Lindsey, testified about delivering the two loads of fertilizer to Chandler in Piedmont. (Tr. 6-19 to -25). Jay Howell, an Alabama narcotics officer, testified about participating in a search of Bobby J. Steed’s residence, at which time he found a notebook. (Tr. 7-59 to -62). Howell testified that Charles Ray Jarrell assisted him in visiting 20 of the marijuana plot locations described in the notebook. (Tr. 7-62 to -84). Howell catalogued the number of plants found at each location, compared those numbers to those in the notebook, and testified that there was a “rough correspondence” between the numbers in the notebook and those in the 20 plots visited. (Tr. 7-79). Howell testified that, from examining the notebook, it appeared to list the locations of 110 marijuana plots, totaling 5,083 plants. (Tr. 7-80 to -81). One person who sold marijuana for Chandler was Donna Shuler. See generally Tr. 4r-63 to -67 (testimony of Raymond Pointer); 5-123 to -33 (testimony of James Emigh). On several occasions, Marlin Shuler, Donna Shuler’s ex-husband, had complained to Ricky Doyal, the Piedmont Chief of Police, about Donna Shuler’s drug trafficking activities. (Govt’s Ex. 73). Based in part on Marlin Shuler’s information, Doyal obtained and executed a search warrant for Donna Shuler’s residence, see Govt’s Ex. 74, marijuana was found, and Donna Shuler was arrested. See generally Tr. 7-43 to -46. At a pretrial proceeding, Donna Shuler was represented by attorney William Broome, who obtained a copy of the search warrant and Doyal’s supporting affidavit and gave these to her. (Tr. 7-121 to -29). Contained in Doyal’s affidavit was a statement that Marlin Shuler had complained three times about Donna Shuler’s illegal activities. (Govt’s Ex. 73). Donna Shuler later obtained a second copy of the search warrant and affidavit, claiming that she had misplaced the copies she had previously received. (Tr. 7-128 to - 129). The government then offered evidence indicating that Donna Shuler had communicated the contents of Doyal’s affidavit to Chandler. Through witness Tim Whatley (a law enforcement official who participated in a search of Chandler’s residence), the government introduced “the Calvin Klein advertisement,” a scrap of paper found in Chandler’s home that had notes written on it. (Tr. 8-36; Govt’s Ex. 85). Among many other words scattered on the Calvin Klein ad were the words “Bill Broome” and “copy of police report.” (Govt’s Ex. 85). The government later argued that these entries suggested that Chandler had received a copy of the police report and other documents from the search of Donna Shuler’s residence. (Tr. 10-168). In addition, Raymond Pointer testified that Chandler had told him that Marlin Shuler was a “rat” who couldn’t be trusted, because Shuler had “supposedly gone and busted somebody in Piedmont.” (Tr. 4-75 to -77). The government then proceeded to present evidence that Chandler had solicited the murder of Shuler in retaliation for Shuler’s cooperation with the Piedmont Police. Raymond Pointer testified that Chandler had offered him $5,000 to kill Shuler, and also offered to pay Pointer to kill Ricky Doyal. (Tr. 4-76). In addition, another potential victim, Kathy Jarrell, was mentioned, “[b]e-cause she was supposed to be in on it with Marty [Marlin Shuler] on telling on Donna.” (Tr. 4-77 to -78). Pointer declined these offers. (Tr. 4-80). The centerpiece of the government’s evidence linking Chandler to the Shuler murder was the testimony of Charles Ray Jarrell. Jarrell admitted that he shot and killed Shuler. (Tr. 3-219). Jarrell testified that, in about February of 1990, Chandler had remarked that “[y]ou ought to take care of that Shuler,” and offered Jarrell $500 to do the job. (Tr. 3-220). Jarrell stated that he did not take Chandler seriously at that time. (Id.). On the morning of May 8,1990, Shuler was at Jarrell’s residence, and Chandler showed up; Chandler told Jarrell that Shuler “is going to cause us a lot of trouble.” (Tr. 3-220 to -222). Jarrell testified that, at that point, Chandler said “you better go on and get rid of him,” and “I still got that five hundred dollars.” (Tr. 3-222). Jarrell and Chandler had no further conversation about Shuler at that time. (Id.). After Chandler left, Jarrell and Shuler stayed at Jarrell’s residence drinking beer for about an hour, and the two then decided to go to an area called Snow’s Lake to engage in target practice. (Tr. 3-224). They purchased a case of beer along the way, Id., and after they arrived at Snow’s lake, Jarrell shot and killed Shuler. (Tr. 3-226). According to Jarrell, he drove to Chandler’s residence immediately following the shooting, told Chandler what had happened, and he and Chandler returned and buried Shuler’s body. (Tr. 3-226 to -28). They then took Shuler’s automobile to another location, doused it with gasoline, and set it on fire. (Tr. 3-228 to -29). Chandler’s attorney elicited on cross-examination that Marlin Shuler was married to Jarrell’s sister, Donna, and that Marlin would frequently drink, go into “crazy rages,” and physically abuse Donna. (Tr. 3-242). Jarrell also related twice — once on cross-examination and once on direct during the defense’s case in chief — an incident in which he was present during a domestic quarrel between Marlin and Donna Shuler. (Tr. 4rA 1 to 46). Jarrell became angry with Marlin Shuler, pulled out a handgun, and pointed it at point-blank range at Marlin Shuler’s face. (Tr. 8-109 to -110). Then, Jarrell pulled the trigger, intending to shoot Shuler in the face, but the pistol malfunctioned and failed to fire. (Tr. 8-110 to -112). Jarrell admitted that this attempt to kill Shuler, which occurred in late 1989, was motivated purely by Jarrell’s resentment of Shuler’s abuse, and not by any promise of money from Chandler. (Tr. 8-112). However, Jarrell also testified that he was not angry with Shuler on the day of the murder, and killed Shuler because of Chandler’s promise of $500. (Tr. 4-57 to -59). The government also introduced testimony, under Rule 404(b), that implicated Chandler in the apparent murders of two other individuals, Patrick . Burroughs and Jeff McFry. Both men disappeared and were never found; it was assumed that they had been murdered. (Tr. 7-48 to -49). Charles Ray Jarrell testified that he heard Chandler complain about Burroughs stealing marijuana from him, and that Chandler said “I’m going to get him.” (Tr. 3-231). Melissa McFry testified that Chandler suspected Jeff McFry of stealing marijuana from Chandler’s plots, and that Chandler said that he would kill McFry if he caught him stealing Chandler’s marijuana again. (Tr. 4-187). Toby Barnwell related discussions with Chandler in which Chandler told him that Burroughs and McFry were stealing marijuana, and on a later date Chandler had another discussion with Barnwell at a Huddle House restaurant in Piedmont. (Tr. A-151 to -52). On that occasion, according to Barnwell, Chandler told Barnwell that Burroughs “won’t be around these parts no more,” because he was dead. (Tr. 4-152). Chandler also told Barn-well to tell Jeff McFry that “he was going to be next.” (Id.). After hearing the evidence, closing arguments, and jury charge, the jury retired to begin deliberations, and returned a verdict of guilty on all counts the next day, April 2, 1991. On April 8, 1991, Chandler’s trial moved into the sentencing phase prescribed by 21 U.S.C. § 848(i). The government sought to prove three aggravating factors regarding the Shuler murder: (1) that Chandler intentionally engaged in conduct intending that Shuler be killed, and that Shuler had actually been killed as a result (21 U.S.C. § 848(n)(l)(C)); (2) that Chandler procured Shuler’s murder through payment or promise of payment of money (§ 848(n)(6)); and (3) that Chandler had procured the Shuler murder after substantial planning arid premeditation (§ 848(h)(8)). The government did not introduce any new evidence at the sentencing hearing, instead relying on what had been introduced at the guilt/innocence phase. Chandler’s trial counsel introduced stipulations at the sentencing hearing, one of which recited that Chandler had no substantial criminal history (§ 848(m)(6)). Another recited that Charles Ray Jarrell would not be prosecuted for the Shuler murder (as part of his agreement with the government), and so could not receive the death penalty. Trial counsel used this stipulation to argue that Chandler should not receive the death penalty because an equally culpable person (Charles Ray Jarrell) would not be punished with death. See § 848(m)(8). Third, trial counsel offered a stipulation concerning government’s exhibit 45, which was a tape recording in which Chandler said that if he were “set up” again, he would have to kill someone. The stipulation was that government’s exhibit 45 was recorded almost two months after the Shuler murder. Chandler’s trial counsel was interested in establishing this fact because, during its deliberations in the guilt/innocence phase, the jury had requested that government’s exhibit 45 be played again. Chandler’s trial counsel also offered the testimony of Chandler’s wife and mother. These two witnesses testified briefly about Chandler’s family background. (Tr. 12-33 to -44). After hearing this new evidence and the attorneys’ closing arguments, the jury was instructed and retired to deliberate at 12:13 p.m. (Tr. 12-96). The jury returned a verdict at 3:05 p.m. (Tr. 12-97). That verdict contained a unanimous finding that the government had established beyond a reasonable doubt that Chandler had engaged in conduct intending that Shuler be killed, and that Shuler was killed as a result. The jury also unanimously found beyond a reasonable doubt that Chandler had procured the Shuler murder by promise or payment of money. However, the jury found that the government had not proven that the murder was accompanied by substantial planning or premeditation. The jury unanimously recommended a death sentence. After Chandler’s direct appeals were exhausted, he filed the present petition. The Court has already held two evidentiary hearings regarding Chandler’s claims: one on May 30, 1995, and a second on October 31, November 1, and November 3,1995. A third hearing, scheduled for February 10, 1997, is set by another Order entered this same day. For scheduling purposes, the Court divided up Chandler’s claims into two sections: one group of claims, numbered III D through III 0, and another group numbered III A through III C. As observed in the October 11, 1995 Order, an evidentiary hearing was unnecessary for claims III D through O, inclusive, except for claims III D 2 e, III D 2 h, III D 2 k, and III D 3 a. Under the October 11, 17, 23, and 26, 1995 Orders, an evidentiary hearing was held with regard to those excepted claims. The Court has received extensive briefing, proffers of evidence, and responses from both parties on the issues raised by claims III D through III 0, and those issues are now under submission pursuant to the Orders entered October 11 and November 3,1995. The purpose of the current Order is to address the merits of the claims set forth in sections III D through III 0, inclusive, and in connection therewith make findings of fact and conclusions of law associated with the October 31, November 1, and November 3, 1995 evidentiary hearing. Claims III A through III C are addressed in the separate Order entered today. Ill D: Ineffective Assistance of Trial Counsel The bulk of the claims raised in Chandler’s petition are claims of ineffective assistance of counsel, at every stage of the proceedings so far. These claims are all governed by the two-prong inquiry set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In order to prevail, Chandler must show both deficient performance by his attorney and prejudice from that inadequate performance. Id. at 687,104 S.Ct. at 2064. Chandler bears the burden of establishing both of these elements by a preponderance of the evidence. Mills v. Singletary, 63 F.3d 999,1020 (11th Cir.1995). In assessing the Strickland performance prong, the relevant inquiry is whether counsel’s actions (or omissions) were within the “wide range” of objectively reasonable professional conduct. Waters v. Thomas, 46 F.3d 1506, 1512 (11th Cir.1995). However, the Supreme Court has warned that “[j]udicial scrutiny of counsel’s performance must be highly deferential.” Strickland, 466 U.S. at 689, 104 S.Ct. at 2065. The court is to avoid “the distorting effects of hindsight” and “evaluate the conduct from counsel’s perspective at the time” the challenged decision was made. Id. In addition, the Court begins the performance inquiry with “a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Id. Finally, if the challenged action was the result of a “reasonable tactical decision,” made after adequate investigation, it becomes “virtually unchallengeable,” “and the inquiry is generally at an end.” Mills, 63 F.3d at 1024. Regarding the Strickland prejudice prong, Chandler has the burden to satisfy the Court that, absent counsel’s unprofessional conduct, there is a “reasonable probability” that the result of the trial would have been different. Strickland, 466 U.S. at 694,104 S.Ct. at 2068. “A reasonable probability is a probability sufficient to undermine confidence in the outcome” of the trial, due to a failure of the adversarial process. Id. However, Chandler need not prove that counsel’s errors “determined the outcome” of his trial; the “reasonable probability” standard does not require proof that the outcome of the trial probably would have been different absent the error. Id. These dual heavy burdens of proof shouldered by a defendant claiming ineffective assistance make the cases in which such claims succeed “few and far between.” Waters, 46 F.3d at 1511. It is with these standards in mind that the Court turns to Chandler’s claims of ineffective assistance. Ill D 1: Ineffectiveness during jury selection a. Failure to challenge the Northern District’s practice of drawing jurors from the entire district, rather than just the Eastern Division Chandler first argues that the Northern District’s method of jury selection violates the Jury Selection and Service Act, 28 U.S.C. § 1861 et seq. More particularly, Chandler argues that this District’s practice of summoning jurors from the population of the entire district, rather than the division in which the crime is alleged to have occurred, violates the Act. According to Chandler, his trial counsel should have raised this challenge at trial, and his failure to do so was an omission below the objective standards of reasonableness required by the Sixth Amendment. In addition, Chandler asserts that, had the Court drawn his jury from the Eastern Division alone, the jury pool would have contained more black potential jurors, whom Chandler asserts would have been more sympathetic to him at trial, and thus would have been less likely to convict. The government responds to this claim in two ways. First, it contends that this District’s jury selection plan is in full compliance with the Jury Selection and Service Act, and so any challenge raised by Chandler’s trial counsel would have been properly rejected. Second, the government notes that there is nothing in the record to suggest that Eastern Division jurors would be more sympathetic or less likely to convict; although the percentage of potential black jurors in the Eastern Division is slightly higher than that of the District as a whole, both Chandler and the man whose murder he was convicted of, Marlin Shuler, were white, and the case carried no racial overtones. Thus, argues the government, there is no reasonable probability that a jury drawn from the Eastern Division would have acquitted Chandler or given him a lesser sentence. The Court agrees that this claim is ill-founded. In United States v. Grisham, 841 F.Supp. 1138, 1147-48 (N.D.Ala.1994), Judge Nelson undertook a thorough analysis of this District’s jury selection plan under the Jury Selection and Service Act, and concluded that there was no violation. Most of the other judges in this district concurred in Judge Nelson’s opinion, including the undersigned. On appeal, the Eleventh Circuit affirmed, but did not reach the Jury Selection and Service Act issues. See 63 F.3d 1074, 1082 n. 11 (11th Cir.1995). However, this Court will adhere to the decision in Grisham. In addition, there is nothing in the record (apart from Chandler’s counsel’s speculation) that can serve to carry Chandler’s burden of showing prejudice from the Northern District’s jury selection procedures. Chandler has not demonstrated that a jury drawn from the Eastern Division would have been reasonably probable to render a different verdict, and so this claim must fail. Since the Court believes that this District’s jury selection plan is in accord with the Jury Selection and Service Act, it is compelled to reject claim III D 1 a. Even if Chandler’s trial counsel had objected to the method by which this District selects juries, that objection would have been rejected. Further, Chandler has not demonstrated prejudice from counsel’s failure to object. Claim III D 1 a is thus due to be denied. 6. Failure to make Batson challenges Chandler next argues that his trial counsel was ineffective because he failed to make Batson challenges to the government’s use of some of its peremptory strikes to remove black potential jurors. According to Chandler, his trial counsel’s decision not to make such challenges was based on counsel’s mistaken view that only a black defendant could invoke Batson. Chandler’s counsel, however, did raise this issue in his motion for a new trial on April 8, 1991. However, the Court denied that motion by Order dated May 30, 1991, on two alternative grounds. First, the Court held that Chandler’s trial counsel had waived any Batson challenges by failing to raise them during jury selection. Second, the Court found that there was no evidence that the government’s strikes were racially motivated. The Court observed in its May 30, 1991 Order that the government’s explanations for its strikes, coupled with the fact that the government did not challenge two blacks who were actually seated as jurors (despite leaving some peremptory strikes unused), showed an absence of racial motivation for the strikes. The Eleventh Circuit affirmed on the first ground, finding that Chandler’s trial counsel waived the Batson challenges by failing to object in a timely fashion. However, the Court is convinced that Chandler cannot show prejudice from his trial counsel’s failure to make Batson challenges. As the Court noted in its May 30, 1991 Order, the government’s use of strikes did not show racial discrimination. Chandler’s potential Batson claims were without merit, and so his trial counsel’s failure to make them cannot serve as the basis for a claim of ineffective assistance. Claim III D 1 b is due to be denied. c. Failure to discover pro-death penalty jurors during voir dire and move to strike them for cause Chandler’s next claim of ineffective assistance is that his trial counsel failed to conduct the kind of searching voir dire inquiry necessary to discover jurors whose views are so in favor of the death penalty that they would be unable to follow the Court’s instructions regarding the weighing of aggravating and mitigating factors, as required by § 848(k). See Morgan v. Illinois, 504 U.S. 719, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992). According to Chandler, if his trial counsel had conducted a more thorough voir dire, he would have discovered jurors disqualified from service under Morgan. This claim fails for two reasons. First, Chandler alleges no facts that entitle him to relief. Although Chandler’s § 2255 motion states that “[i]t is the belief of the defense” that some members of Chandler’s jury should have been discovered and excluded under Morgan, Chandler pleads no specific facts on this point. Chandler’s claim that there were pro-death penalty jurors in this case that were unable to follow the weighing instructions required by § 848(k) is founded on sheer speculation. In addition, the voir dire record shows that each of the potential jurors was interrogated about his or her feelings with regard to the death penalty, and, more importantly, whether those feelings would .interfere with that juror’s weighing of aggravating and mitigating factors in deciding whether to impose the death penalty. Each of the twelve jurors who sat on Chandler’s case was asked by the Court about these matters, and each responded that he or she could fairly weigh the evidence and could be persuaded to either vote for or against the death penalty, based upon the evidence presented. The Court has no idea what Chandler’s trial counsel could have asked in addition to the Court’s voir dire to discover lurking pro-death penalty jurors; counsel actually requested four strikes for cause (two because of perceived attitudes in favor of the death penalty), and used peremptory challenges to remove jurors that the Court refused to strike for cause. Chandler has certainly not provided any specific interrogation that his trial counsel should have engaged in, and has pointed to no evidence that any of the jurors lied to the Court in answering voir dire questions. In sum, the record indicates that the, twelve jurors who sat on Chandler’s case were fully able to weigh the aggravating and mitigating evidence and reach a verdict in the manner prescribed by the Court’s instructions and § 848(k). Because each juror’s views regarding the death penalty were fully explored by the Court in voir dire, Chandler’s trial counsel was not inadequate for failing to repeat that inquiry. ■ Claim III D 1 c is due to be denied. III D 2: Ineffectiveness during the guilt/innocence phase of trial Chandler asserts numerous actions or inactions of his trial counsel that he claims amounted to ineffective assistance. The Court will address each in turn, mindful of Chandler’s burden of showing both objectively unreasonable conduct on his counsel’s part and prejudice as a result of that conduct. а. Failure to conduct an adequate pretrial investigation Here, Chandler asserts, in general terms, that his trial counsel faded to adequately investigate the case before trial. The Court does not view this claim as freestanding; Chandler asserts specific instances of his counsel’s lack of pre-trial preparation in the claims that follow. The Court will address Chandler’s specific arguments about his counsel’s lack of preparation in that context. Standing alone, claim III D 2 a is simply a eonclusory statement that Chandler’s counsel was unprepared and that Chandler was prejudiced as a result. As a § 2255 petitioner, Chandler has the burden to plead specific facts entitling him to relief; eonclusory allegations will not even warrant an evidentiary hearing. See Spinkellink v. Wainwright, 578 F.2d 582, 614 n. 40 (5th Cir.1978). See also Harris v. Johnson, 81 F.3d 535, 540 (5th Cir.1996); Daniels v. United States, 54 F.3d 290, 293 (7th Cir. 1995). Here, Chandler has failed to allege facts showing either professionally deficient performance or prejudice, and so the Court will deny claim III D 2 a. б. Failure to investigate and present evidence regarding Marlin Shuler’s abuse Chandler claims that his trial counsel could easily have procured numerous witnesses, each of whom could have testified about horrible incidents of abuse committed by Marlin Shuler against Donna Shuler and others in Charles Ray Jarrell's family. This evidence, according to Chandler, should have been discovered by his trial counsel and presented in furtherance of the argument that Charles Ray Jarrell killed Marlin Shuler on his own, without any inducement from Chandler. The government points out that Chandler’s trial counsel did introduce evidence of Marlin Shuler’s abuse and Charles Ray’s resentment of that abuse at trial, in the form of testimony from both Charles Ray and Billy Jo Jarrell. At trial, both testified about Marlin Shuler’s conduct; Billy Jo recited some particularly violent episodes (such as Marlin Shuler driving Donna Shuler off a cliff, or beating her so badly that she required stitches in her head). (Tr. 8-153 to - 154). And, more importantly, Chandler’s trial counsel elicited the testimony of Charles Ray himself on this subject, culminating in Charles Ray’s testimony that he had previously attempted to shoot Shuler point-blank in the face with a pistol after an incident of abuse. (Tr. 8-109 to -112). Charles Ray testified that he had intended to kill Shuler at that time, but failed to do so only because his pistol misfired. (Tr. 8-112). Chandler’s counsel emphasized this testimony in his closing argument. (Tr. 10-135 to -136). Viewed in light of the coverage of this issue at trial, the Court is forced to conclude that Chandler cannot show prejudice from his trial counsel’s failure to introduce further evidence of Shuler’s abuse. The jury already heard from Charles Ray Jarrell himself testimony that Shuler’s abuse had driven him to a previous attempt to kill Shuler; this evidence was the strongest possible indication that Charles Ray Jarrell had an alternative motive to kill Shuler. Chandler’s counsel presented this testimony and argued its import to the jury, but the jury rejected it. The additional evidence Chandler’s counsel could have introduced would have been far less probative of Charles Ray Jarrell’s motive to kill Shuler than the testimony of the killer himself, and so the Court must conclude that there is no reasonable probability that this evidence would have resulted in a different result at trial. Claim III D 2 b is due to be denied. c. Failure to interview Donna Shuler and move for a continuance when she became unavailable to testify This claim is identical to claim III D 2 b. Donna Shuler could have testified at trial about Marlin Shuler’s abuse of her, but became a fugitive (and, hence, unavailable to testify) shortly before Chandler’s trial. Chandler now claims that it was ineffective assistance for his counsel to fail to interview Donna Shuler before she fled, and also argues that counsel should have moved for a continuance when Donna Shuler became unavailable. The threshold flaw in this claim is that its materiality is tied to the value of additional evidence of Shuler’s abuse. The Court has just concluded that additional such evidence would not have been reasonably probable to change the result of Chandler’s trial, and so the Court rejects claim III D 2 c. d. Failure to move to suppress the Calvin Klein jeans advertisement At trial, the government introduced (through witness Tim Whatley) a Calvin Klein jeans label or advertisement that had some hand-written notes and doodling on it. (Tr. 8-36 to -37; Govt’s Ex. 85). The Calvin Klein ad bore the words “Bill Broome,” “lawyer Hubert,” “copy of police report,” “$17.00,” “Cox,” “Alma Turner,” “8:00,” “David,” and “Judge Hughes.” This document was seized during a September 1990 search of Chandler’s home, pursuant to a warrant issued September 21, 1990 by Magistrate Judge Armstrong. The government offered it because it interpreted the words “Bill Broome” and “copy of police report” as being notes taken by Chandler when Donna Shuler called Chandler to tell him that Marlin Shuler had informed on her; Bill Broome had supplied Donna Shuler with a copy of the police report and an affidavit executed by Ricky Doyal. (Tr. 10-168). • This evidence supported the government’s theory that Chandler had ordered Marlin Shuler killed in retaliation for his act of informing on Donna Shuler, who sold marijuana for Chandler. Chandler contends that the seizure of the Calvin Klein ad was outside of the scope of the warrant, and so violated the Fourth Amendment. Chandler further argues that his counsel should have ascertained this fact' and moved to suppress the Calvin Klein ad. The government responds by arguing that (1) the seizure was not in violation of the Fourth Amendment; (2) even if the search was unreasonable, the officers conducting the search did so in good faith reliance on the warrant, and so suppression would have been inappropriate; and (3) the Calvin Klein advertisement was weak evidence that, was" eclipsed by the much more damaging testimony of Raymond Pointer, Charles Ray Jarrell, Billy Jo Jarrell, and others, each of which linked Chandler directly to the Shuler murder. The Court agrees that Chandler cannot show prejudice from his counsel’s alleged failure to attempt suppression of the Calvin Klein ad. As the government notes, the Calvin Klein ad is extremely weak evidence that, at most, only implies that Chandler was aware that Marlin Shuler had informed on Donna Shuler. By contrast, the testimony presented by the government showed that Chandler was aware that Marlin Shuler had gone to the police and expressed an intent to kill Shuler as a result. See, e.g., Tr. 4-77 to -78 (Raymond Pointer). So, the Court concludes that there is no reasonable probability that the result of Chandler’s trial would have been different, even absent the Calvin Klein ad. Because Chandler cannot show prejudice from his trial counsel’s alleged error, claim III B 2 d is due to be denied. e. Failure to challenge the government’s attribution of the Calvin Klein ad to defendant " Chandler’s next argument also revolves around the Calvin Klein ad (Govt’s Ex. 85). Here, Chandler takes the position that, as a matter of fact, the handwriting on the Calvin Klein ad was that of Deborah Chandler (defendant’s wife). Further, Chandler takes the position that Mrs. Chandler’s notes related to an incident in which defendant’s son was arrested some two years before the arrest of Donna Shuler. Chandler’s argument is that his trial counsel should have investigated the handwriting on the Calvin Klein ad and presented evidence of its true origin and meaning. The Court held an evidentiary hearing on this point on October 31 and November 1 and 3,1996. The Court will assume that Chandler has proven that the handwriting on the Calvin Klein ad was not his and will accept, for the purpose of deciding’ this claim, Chandler’s argument that the writing on the Calvin Klein ad had nothing to do with Donna Shuler’s arrest. However, the record does not support Chandler’s claim of ineffective assistance. To begin with, as the Court has just noted, the Calvin Klein ad is extremely weak evidence. Although it says “Bill Broome” and “copy of police report,” it also contains many other words that obviously have nothing to do with Donna Shuler’s arrest. True, the prosecution argued that it showed knowledge on Chandler’s part of Marlin Shuler’s visits to the Piedmont Police station, but the Court instructed the jury that the lawyers’ arguments were not evidence. (Tr. 10-87). The weakness of the Calvin Klein ad, together with the fact that the government introduced testimony that directly established Chandler’s motivation to kill Shuler, shows that the Calvin Klein ad was not material to the jury’s decision. It follows that Chandler cannot demonstrate any reasonable probability of a different result at trial, even if his trial counsel had thoroughly discredited the Calvin Klein ad. Claim III D 2 e is due to be denied. f. Failure to request a jury instruction that Count III required a connection between the continuing criminal enterprise and the murder Chandler next argues that his trial counsel should have requested that this Court instruct the jury that, in order to convict Chandler under Count III, it must find beyond a reasonable doubt that the murder of Marlin Shuler was connected to or in furtherance of the continuing criminal enterprise alleged in Count II. Chandler asserts that the Court’s instructions, which were drawn from the language of § 848, allowed the jury to convict Chandler for a murder committed around the same time as he was engaged in a continuing criminal enterprise. According to Chandler, he suffered prejudice from this lack of instruction because there was an alternative motivation for Chandler to have requested Shuler’s murder (Shuler’s abuse of family members). The Court rejects this claim. On the direct appeal of Chandler’s conviction, Chandler’s counsel argued, as plain error, this Court’s instructions to the jury on this point. The Eleventh Circuit affirmed and commented as follows: [tjhere is no reasonable likelihood that the jury believed that it could find Chandler guilty even if it found that he solicited Shuler’s murder for reasons not connected to the continuing criminal enterprise. The instructions clearly conveyed to the jury that it must find a connection between Shuler’s murder and the enterprise. United States v. Chandler, 996 F.2d 1073, 1098 (11th Cir.1993). Because Chandler must show a reasonable probability that the result of his trial would have been different absent his trial counsel’s alleged error, the Eleventh Circuit’s holding, which expresses this Court’s independent views, nullifies this claim of ineffective assistance. Claim III D 2 f is due to be denied. g. Eliciting damaging testimony from Charles Ray and Billy Jo Jarrell Chandler argues that his trial counsel’s conduct of the trial fell below professionally acceptable standards and prejudiced the result of the trial when he questioned Charles Ray and Billy Jo Jarrell. The government’s response is simply to point out that the “damaging” testimony of Charles Ray and Billy Jo was largely repetitive of testimony that had been adduced by the government during its ease in chief. Hence, argues the government, there was no prejudice to Chandler. The testimony elicited by Chandler’s trial counsel from Charles Ray Jarrell, upon reading, seems wholly exculpatory to Chandler. Charles Ray detailed the previous incident in which he had attempted to kill Shuler because of Shuler’s abusiveness. (Tr. 8-109 to -112). This evidence was not “damaging” to Chandler, as far as the Court can tell, and Chandler has not noted any specifies about why Charles Ray’s testimony was damaging. Against this backdrop, the Court cannot conclude that Chandler suffered any prejudice from his trial counsel’s decision to interrogate Charles Ray Jarrell. The most damaging portion of Billy Jo Jarrell’s testimony recited an incident in which Billy Jo had overheard Chandler offer Charles Ray $5,000 for Shuler’s murder. (Tr. 8-137 to -138). However, this evidence cannot rise to the level of prejudice required for an ineffective assistance claim, because it was merely repetitive of evidence the government had already presented, particularly that of Raymond Pointer. In addition, Chandler’s trial counsel apparently called Billy Jo to the stand to examine him about various inconsistencies in statements he and Charles Ray had given to the police. See Tr. 8-137 to - 142. Counsel also explored both Charles Ray’s and Billy Jo’s deals with law enforcement personnel that induced their testimony. (Tr. 8-115 to -118, 8-136). In addition, Billy Jo testified that Charles Ray was an alcoholic whose memory of Shiiler’s killing was highly questionable, due both to drinking and a subsequent incident in which Charles Ray suffered some possible brain damage when he was bitten by a rattlesnake. (Tr. 8-142 to -143)1 Chandler’s counsel obviously made the decision that eliciting this information to undermine confidence in Charles Ray’s testimony outweighed any danger of eliciting cumulative damaging testimony. In light of all the circumstances at the time, the Court cannot conclude that counsel’s decision fell below reasonable professional standards. Because Chandler has failed to show either unprofessional errors or prejudice, claim III D 2 g is due to be denied. h. Failure to investigate and discredit Raymond Pointer Here, Chandler argues that his trial counsel was deficient for failing to discover that Raymond Pointer is a habitual liar. Chandler asserts that this information was readily available, and would have severely undermined the credibility of Pointer’s testimony. At trial, Pointer testified that he had regularly purchased marijuana from Donna Shuler, had observed marijuana transactions between Donna Shuler and Chandler, and had made several marijuana runs to Anniston for Chandler. (Tr. 4-63 to -74). Pointer also related an incident in which he said that Chandler had offered him $5,000 to kill Marlin Shuler, and had also asked him to kill Ricky Doyal (Chief of the Piedmont Police Department) and Kathy Jarrell. (Tr. 4-75 to -80). Chandler argues that his trial counsel should have discovered Pointer’s habitual lying through pretrial investigation. In addition, Chandler argues that counsel should have known about Pointer’s lack of veracity because of inconsistencies in Pointer’s statements to the police and because Pointer was actually interviewed by trial counsel and gave counsel a statement precisely contradicting his trial testimony. According to Chandler, these facts should have led his counsel to investigate Pointer’s background more thoroughly and discover the true facts. The Court held an evidentiary hearing on this claim on October 81, November 1, and November 3, 1995, and now concludes that Chandler has failed to prove that his trial counsel was inadequate in this respect. Chandler’s arguments that his trial counsel should have more thoroughly investigated Pointer’s background are all unpersuasive. Although Chandler presented the testimony of a number of witnesses that all tended to show Pointer’s tendency to lie, each of those witnesses also testified that Pointer’s lying is never revealed by his demeanor — only persons who had known Pointer for some length of time would have reason to suspect that he was being untruthful. (11/95 Tr. 450-51, 474). In essence, Chandler’s witnesses proved too much — that Pointer was not simply a habitual liar, but was also slulled at lying in a convincing manner. This evidence negates any assertion that Chandler’s trial counsel should have been alerted to the fact that Pointer was lying. Chandler’s trial counsel himself testified that he had no reason to believe that Pointer suffered from any mental problems. (11/95 Tr. 405). Chandler’s argument that inconsistencies in Pointer’s statements to police should have induced his trial counsel to investigate is also without merit. In statements to police, Pointer apparently said that Chandler had offered him $5,000 to kill Kathy Jarrell, and then retracted that statement (it was crossed out in the notes of the interview). See Government’s Exhibit 1 to the 11/95 hearing, Doc. 10B. During grand jury proceedings, Pointer changed his story to testify that Chandler had indeed solicited him to murder Kathy Jarrell. Id., Doe. 10C, at 5. However, Pointer’s testimony regarding the bulk of his conversation with Chandler remained constant — Pointer told the police and the grand jury that Chandler had offered him $5,000 to Mil Marlin Shuler and $10,000 to kill Ricky Doyal. The minor inconsistency regarding Kathy Jarrell is not so great that it should have alerted trial counsel to the fact that Pointer had mental problems that caused him to lie impulsively. Trial counsel also interviewed Pointer before trial, at which time Pointer stated that Chandler had never made any offers of money to kill anyone, but that Donna Shuler had offered him $100 to “run off” Marlin Shuler. (11/95 Tr. 349). At trial, Pointer reversed his story yet again, testifying again that Chandler had made the offers of money for the murders of Shuler and Doyal. (Tr. 4-75 to -80). Chandler argues that these changing accounts of the conversations between Pointer- and Chandler should have prompted a more thorough investigation of Pointer’s background. The Court does not agree. Pointer could have given inconsistent accounts of his conversation with Chandler for many reasons; it does not follow that counsel should have suspected some mental problem simply because Pointer had told police one account and counsel another. Chandler’s § 2255 counsel have discovered Pointer’s reputation for truthfulness because they were given essentially unlimited time and financial resources to interview every witness even remotely related to the case. Chandler’s trial counsel had considerably less freedom to conduct this kind of far-ranging investigation, and the Court cannot conclude that counsel was constitutionally inadequate for failing to suspect that Pointer had á mental problem. See Waters v. Thomas, 46 F.3d 1506, 1514 (11th Cir.1995) (commenting on “the wholly unremarkable fact that with the luxury of time and the opportunity to focus resources on specific parts of a made record, post-conviction counsel will inevitably identify shortcomings in the performance of prior counsel”). Pointer’s changing testimony is simply inadequate, without more, to support the inference that a minimally adequate counsel should have been spurred into conducting a more thorough investigation. Viewing trial counsel’s actions in light of the circumstances at the time of trial, the Court concludes that Chandler has failed to demonstrate such unprofessional errors that would rise to the level of ineffective assistance. Finally, trial counsel introduced evidence that Pointer’s statement to the police was a lie. According to the testimony of Jack Pointer, Raymond had heard some news coverage indicating that Chandler was implicated in the Shuler murder, and Raymond admitted that his statement about Chandler offering money for the murders of Shuler and Doyal was a lie. (Tr. 9-55 to -56, 66, 70). According to Jack’s testimony, Raymond told Jack that it was actually Donna Shuler who had offered Raymond Pointer money to “run off’ Marlin Shuler. (Tr. 9-67). So, the trial transcript reveals that the information about Raymond Pointer’s fabrication of his testimony about Chandler and Pointer’s prior inconsistent statements about the Shuler murder was presented to the jury. The Court does not understand how further testimony impeaching Pointer would have been reasonably probable to cause the jury to reach a different conclusion. Because Chandler has failed to show either objectively unprofessional conduct by this trial counsel or prejudice as a result, claim III D 2 h is thus due to be denied. i Ineffectiveness due to a conflict -of interest arising from Pointer’s charges of coercion At Chandler’s trial, Pointer explained his prior inconsistent statement to Chandler’s trial counsel by testifying that he had been coerced into giving that statement to Chandler’s trial counsel. (Tr. 4-104 to -107, 110). Because counsel was the only witness to the prior inconsistent statement, Chandler argues that counsel was placed in the' position of having to avoid calling himself as a witness to refute Pointer’s testimony. In addition, Chandler argues that Pointer’s charge of coercion put trial counsel on the defensive, thereby limiting his impeachment of Pointer while counsel attempted to disprove Pointer’s allegation of coercion. The record does not bear out Chandler’s argument. Regarding Chandler’s first contention, that counsel- was placed in the awkward position of potentially having to call himself as a witness, the trial transcript reveals that no conflict actually arose. If Pointer had denied making the prior inconsistent statement, counsel might have been placed in such a position, but Pointer readily admitted to making that statement. (Tr. 4-96). See also Tr. 9-55 to -56 (testimony of Jack Pointer). Hence, there was no need for counsel to even consider calling himself as a witness to prove that the prior inconsistent statement had been made. In addition, Pointer’s charges of coercion were directed at Chandler himself, not at trial counsel. Pointer never suggested any wrongdoing on counsel’s part, but did testify that members of Chandler’s family had intimidated him just prior to his interview with trial counsel. (Tr. 4-109 to -110). Chandler’s assertion that counsel was placed in a conflict of interest situation is simply not supported by the record — there was no reason for counsel to defend himself against Pointer’s charges of coercion. Although the impeachment value of Pointer’s prior inconsistent statement was undermined by Pointer’s testimony regarding coercion, this was not the fault of trial counsel or any conflict of interest between Chandler and counsel. Counsel did everything he could to impeach Pointer’s testimony, and established that the prior inconsistent statement was made. However, Pointer was prepared to explain that prior statement, and counsel could not have prevented that explanation. Because the record demonstrates that no conflict of interest arose between Chandler and counsel at trial, claim III D 2 i is due to be denied. j. Failure to investigate and impeach the testimony of Toby Barnwell Toby Barnwell testified at trial about an incident wherein Chandler announced at a Piedmont Huddle House restaurant, in the presence of Toby Barnwell, “Junior” Shell, and Joe Barnwell, that Patrick Burroughs was dead and that Jeff McFry would be next. (Tr. 4-151 to -52). Chandler has now proffered the testimony of Joe Barnwell and Junior Shell to the effect that they were present during this conversation, but that Chandler never said anything about Burroughs or McFry. Chandler argues that his counsel was ineffective for failing to interview these witnesses to the conversation and present this evidence at trial. The government’s response is that Chandler cannot show prejudice from this failure. The Court agrees that Chandler cannot show prejudice here. The testimony of “Junior” Shell and Joe Barnwell, at best, would have completely neutralized Toby Barnwell’s testimony as Rule 404(b) evidence of Chandler’s intent to kill Shuler. However, the jury would still have been left with nearly identical testimony from both Charles Ray Jarrell, see Tr. 3-231, and Melissa McFry, see Tr. 4-137. In addition, it is important to note that Chandler was convicted of the Shuler murder and was not charged with killing Burroughs or McFry. Given the limited role of the Burroughs/MeFry evidence under Rule 404(b) and the fact that the government presented identical testimony from other witnesses, the Court concludes that there is no reasonable probability that the result of Chandler’s trial would have been different if Toby Barnwell’s testimony had been rebutted. Claim III D 2 j is due to be denied. k. Failure to attack the “Daily Prayer” At trial, the government introduced as evidence a book containing Chandler’s records of his marijuana business, which was recovered from Chandler’s vehicle during a search. (Govt’s Ex. 13). The last page in the book contained a “daily prayer” that read, in part, “help me to keep my eyes and ears open, my mouth shut, and my nose out of other people’s business.” The government argued at trial that this “daily prayer” in Chandler’s marijuana book suggested Chandler’s disdain for informants (like Marlin Shuler), thus supporting the government’s theory that Chandler had ordered Shuler killed in retaliation for Shuler’s statements to the Piedmont Police. (Tr. 10-171). Chandler now takes the position that the handwritten daily prayer was actually written by Chandler’s daughter, not Chandler, and that trial counsel was ineffective for failing to present evidence (e.g., handwriting analysis) to this effect. The government argues that there was no material prejudice to Chandler as a result of counsel’s omission, because the presence of the prayer in the marijuana book would have reflected Chandler’s mentality regardless of whom had actually penned it. In addition, the government argues that, although a handwriting analysis of the “daily prayer” might have indicated that Chandler did not write the prayer, it would have confirmed that the numerous marijuana-related entries in the book were written by Chandler, thereby inculpating him with respect to Counts I and II. This claim was one subject of the Oetober/November 1995 evidentiary hearing held by the Court, and the Court finds that Chandler has failed to prove his claim of ineffective assistance. Even if trial counsel had introduced a handwriting analysis of the prayer, the government could have used its presence in the marijuana records as an indication of Chandler’s disposition. The Court also agrees that a handwriting analysis of the prayer might have inculpated Chandler in the marijuana transactions detailed in the book, even as it identified some other person as the writer of the prayer. In addition, because the prayer was such weak evidence of Chandler’s motivation to kill Shuler (in contrast to the testimony of Charles Ray Jarrell, Billy Jo Jarrell, and Raymond Pointer), the Court cannot conclude that there is any reasonable probability that the result of Chandler’s trial would have been different if the handwriting evidence had been presented. Claim III D 2 k is thus due to be denied. 1. Failure to challenge the amount involved in the Count I conspiracy Chandler was convicted, under Count I, of conspiring to possess with intent to distribute more than 1000 kg of marijuana or 1000 marijuana plants. Chandler argues that, even if the trier of fact believed every bit of evidence presented at trial, he only dealt with about 360 kg of marijuana, far short of the 1000 kg required for a conviction on Count I. Chandler further argues that his trial counsel was ineffective for failing to defend Count I on this basis. Chandler’s argument is refuted by the trial transcript. The government introduced a great deal of evidence regarding Chandler’s marijuana operation — purchases of large amounts of fertilizer, Chandler’s substantial assets, and Chandler’s planting, plowing, surveillance, and harvesting of many thousands of marijuana plants. In addition, the government introduced evidence of a number of runs to Texas directed toward the purchase of large amounts of marijuana, as well as the incident in which Chandler was arrested in Conyers, Georgia in an attempt to purchase some 100 pounds of marijuana' from Agent Skinner. This was powerful evidence that Chandler’s objective was to sell more than 1000 kg of marijuana or more than 1000 plants. In addition, Chandler’s legal reasoning misunderstands the nature of the charge in Count I. Count I alleged that Chandler conspired to distribute more than 1000 kg of marquana or 1000 plants, not that he actually succeeded in doing so. Chandler’s argument that he only succeeded in distributing 360 kg of marijuana does not refute the government’s position that the goal was in excess of 1000 kg. Rather, as the government argues, all of the evidence presented at trial suggested a mammoth marijuana operation. The Court does not understand what Chandler’s trial counsel could have done to lessen the impact of this accumulated evidence, and Chandler suggests no specific course of action that counsel should have followed. Because the government’s evidence on this point was so strong, and because Chandler’s legal argument about being responsible for only 360 kg of marijuana has so little exculpatory value with respect to Count I, the Court concludes that Chandler suffered no prejudice from counsel’s alleged omission. Claim III B 1 l is due to. be denied. to. Failure to challenge Agent Howell’s observations regarding marijuana plot locations and the plot book At trial, Agent Jay Howell testified about the correlation between marijuana plots in a book attributed to Chandler and actual plots Howell observed in the field (aided by Charles Ray Jarrell). (Tr. 7-64 et seq.). Howell testified that there was a “rough correspondence” between the actual plots and the plots recorded in the book. (Tr. 7-79). Howell also testified that the book led him to plots containing a total of 504 plants, either living, dead, or already harvested. (Id.). Howell also testified that he was able to visit only 20 of the 110 locations listed in the book. (Tr. 7-79 to -80). Totaling up the book’s listing of the plants at each of the 110 locations, Howell testified that the book contained location information for 5,083 plants. (Tr. 7-80 to -81). Chandler raises three claims of ineffective assistance with respect to Howell’s testimony. First, Chandler asserts that much of Howell’s testimony concerned identifications of plots in the -field as correlating with plots in the book by Charles Ray Jarrell, and so were inadmissible hearsay. Second, Chandler argues that trial counsel was ineffective for failing to challenge Howell’s conclusion that there was a “rough correspondence” between the plots in the book and those in the field. Third, Chandler argues that his counsel was ineffective because he failed to correct Howell’s testimony that he observed 504 plants; Chandler argues that Howell’s observations showed 384 plants, not 504. None of these claims can succeed in satisfying the prejudice prong of Strickland. The precise amounts of marijuana at each particular- plot in the book was of trifling significance when compared to the other evidence of the size of Chandler’s marijuana operation. Charles Ray Jarrell, Waylon Motes, and Paul Watson, for example, all testified about numerous marijuana growing and purchasing activities engaged in by Chandler. In addition, the correlation between the plots in the book and those in the field was of far less significance than the “bottom line” of Howell’s testimony — the fact that the book contained locations for 5,083 plants. Given the volume of evidence presented at trial regarding the size of Chandler’s ma