United States v. Basham (789 F.3d 358, 2015)

Affirmed by published opinion. Judge KING wrote the opinion, in which Chief Judge TRAXLER and Judge AGEE joined.

KING, Circuit Judge:

In November 2002, Brandon Leon Bas-ham and Chadrick Evan Fulks engaged in a seventeen-day multistate crime spree, for which they were both prosecuted.-Basham was convicted in the District of South Carolina of multiple crimes and sentenced to death for two of them, carjacking resulting in death, in contravention of 18 U.S.C. § 2119(3), and kidnapping resulting in death, as proscribed by 18 U.S.C. § 1201. After we upheld Basham’s convictions and death sentences on direct appeal, see United States v. Basham, 561 F.3d 302 (4th Cir.2009), cert. denied, 560 U.S. 938, 130 S.Ct. 3353, 176 L.Ed.2d 1245 (2010), he moved for habeas corpus relief pursuant to 28 U.S.C. § 2255. By its opinion of June 5, 2013, the district court denied Basham’s § 2255 motion. See United States v. Basham, No. 4:02-cr-00992 (D.S.C. June 5, 2013), ECF No. 1577 (the “Opinion”). The court subsequently denied Basham’s motion to alter or amend the judgment, made under Federal Rule of Civil Procedure 59(e), by way of its August 21, 2013 order. See United States v. Basham, No. 4:02-cr-00992 (D.S.C. Aug. 21, 2013), ECF No. 1583 (the “Reconsideration Order”). Bas-ham now appeals from those decisions. As explained below, we reject Basham’s assignments of error and affirm the judgment of the district court.

I.

A.

Our 2009 opinion disposing of Basham’s direct appeal, authored by our distinguished former Chief Judge Karen Williams, detailed the pertinent facts of Basham’s 2002 crime spree as follows:

In 2002, Basham, a lifelong Kentucky resident, was serving the final years of a felony forgery conviction sentence at the Hopkins County Detention Center in Kentucky. In October of that year, Chadrick Evan Fulks became Basham’s new cellmate. In early November, Fulks was charged with an additional (and serious) state offense, first degree abuse of a child aged twelve years or younger. On November 4, 2002, Bas-ham and Fulks escaped the detention center together by scaling a wall in the recreation area and leaving the area on foot.

By the evening of November 5, Bas-ham and Fulks reached the home of James Hawkins in nearby Hanson, Kentucky. Basham approached the dwelling, knocked on the door, and asked to use the telephone. Basham told Hawkins that his car had broken down and, after Basham made two calls, Hawkins agreed to drive him to a nearby convenience store. When Basham and Hawkins left the residence, Fulks joined them and the three men left in Hawkins’s truck. The two men then told Hawkins that their vehicle was disabled in Robards, Kentucky, and they asked for a ride. During the drive, Fulks told Hawkins that the disabled vehicle was actually in Indiana and directed Hawkins to drive there. Fulks later changed the directions again; by this point, Bas-ham was pointing a knife at Hawkins to keep him driving to their preferred destination. At some point, Fulks took the wheel, drove the truck into a field, and ordered Basham to tie Hawkins to a tree. Fulks became dissatisfied with Basham’s speed in tying and eventually completed the job himself. They left Hawkins clothed in shorts, flip-flops, and a short-sleeved vest. Fifteen hours later, Hawkins freed himself and flagged a passing motorist. When interviewed by police officers later that day, Hawkins identified Basham and Fulks as the individuals who kidnapped him.

After abandoning Hawkins, Fulks and Basham drove to Portage, Indiana, to visit one of Fulks’s former girlfriends, Tina Severance. They abandoned Hawkins’s vehicle at a hotel and walked to a trailer shared by Severance and her friend Andrea Roddy. The four then drove to a hotel in northern Indiana and stayed there for the next few days. At some point, Basham and Roddy began a consensual sexual relationship.

During their time in Indiana, Fulks asked Severance if she knew anyone from whom he could obtain firearms. Severance informed Fulks that a friend of hers, Robert Talsma, kept several firearms at his home; Severance and Roddy thereafter agreed to lure Talsma out of his house by offering to buy him breakfast. While Talsma was at breakfast with the women, Basham and Fulks entered Talsma’s home and stole four firearms, a ring, and several blank checks. They then reunited with Severance and Roddy, and the four traveled in Severance’s van to Sturgis, Michigan. That night, November 8, Basham and Roddy stayed at a hotel in Sturgis while Fulks and Severance drove to Goshen, Indiana, to smoke marijuana and meth-amphetamines with Fulks’s brother, Ronnie Fulks.

That evening, two police officers began knocking on doors at the hotel where Basham and Roddy were staying in Sturgis. Basham opened his room door, saw the officers, closed the door, and cocked a .22 caliber revolver that he had stolen from Talsma. The officers ended up leaving before reaching Bas-ham’s door. Basham told Roddy, however, “I was about to shoot me a mother-f* * *er cop right. I was going to blow the f* * *ing cop away.” The next morning, November 9, Basham and Rod-dy drove to a local Kmart to purchase sundries. Basham met a group of teenagers in the parking lot, and he reported to Roddy that they had some money and he wanted to kill them for it. After purchasing sundries with some of Tals-ma’s stolen checks, Basham invited the teenagers back to the hotel room. Severance and Fulks arrived back at the hotel shortly thereafter, and the teenagers left. Fulks, Basham, Severance, and Roddy then drove Severance’s van to the home of Fulks’s brother, Ronnie Fulks, in Goshen, Indiana.

On November 10, 2002, the group of four drove to Piketon, Ohio, in Severance’s van. Basham again used Tals-ma’s checks to buy sundries, which Rod-dy later returned for cash. Basham and Fulks also bought two sets of camouflage clothing and Fulks stole a purse and cell phone from a Wal-Mart parking lot. On November 11, they drove to Kenova, West Virginia, near Huntington, and rented a hotel room. Fulks and Basham, wearing their sets of camouflage clothing, left the hotel room by themselves and did not return until the morning hours of November 12.

Samantha Burns, a nineteen-year-old Marshall University student, worked at the J.C. Penney’s store in the Huntington Mall. In addition, Burns also participated in a school fundraiser by selling candy boxes, which she kept in her car. On November 11, Burns met her aunt at Penney’s to purchase clothing for one of Burns’s nieces; they parked in separate locations at the mall. At 9:46 p.m. that evening, Burns called her mother to say she was staying at a friend’s house that night. Burns has never been seen since.

During the early morning hours of November 12, 2002, a local fire department responded to a reported explosion and fire at a rural area three miles outside of Huntington. The responding firemen found a car later identified as belonging to Burns burned out at a cemetery.

Meanwhile, Fulks and Basham returned to the hotel carrying muddy clothing, and Fulks indicated that they had stolen some money. Later that morning, the group of four checked out of the motel and drove to South Carolina, where Fulks had lived for several years in the 1990s. Several facts emerged linking Basham and Fulks to Burns’s disappearance. Roddy and Severance reported seeing mud, as well as one of Burns’s candy boxes, in the van. In addition, Basham began wearing a heart-shaped ring around his neck that belonged to Samantha Burns. Basham told the women that he had stolen the candy from a girl selling it and that he had stolen the ring from a car. Roddy also found Burns’s photo ID discarded with other items linking Burns to Fulks and Basham. Moreover, it was later’ revealed that Fulks used Burns’s ATM card twice on the evening of November 11 at local banks.

The evening of November 12, Fulks, Basham, Severance and Roddy arrived at a motel in Little River, South Carolina. The next day was a day of relative rest; Fulks and Basham stole several purses and wallets from unattended vehicles, went shopping, and then returned to the motel room to smoke marijuana, drink, and play cards. On November 14, the four moved to a motel in Myrtle Beach, South Carolina. Fulks and Basham left the women and drove to nearby Conway, South Carolina. Hoping to steal firearms, Fulks and Bas-ham burglarized the Conway home of Sam Jordan. Carl Jordan, Sam’s father, drove up to the home as Fulks and Basham were leaving. Fulks attempted to ram Jordan’s car with Severance’s van but stopped short; Basham exited the house and fired a shot at a nearby greenhouse. Fulks then fired a shot that shattered the back-window of Jordan’s car. Jordan fled the area, with Fulks and Basham in pursuit, still firing. At some point, Fulks and Basham ceased their chase, abandoned Severance’s van, and stole a truck, which they drove to the Wal-Mart in Conway.

Upon arriving at the Wal-Mart, Bas-ham approached a blue BMW sedan driven by forty-four year old Alice Donovan. Basham entered the car and forced Donovan to drive to the back of the parking lot, where Fulks waited. There, Fulks entered the driver’s side of the car and drove away; at 4:03 p.m., Fulks used Donovan’s ATM card to purchase gas from a service station in Shal-lote, North Carolina. At 4:30 p.m., Donovan called her daughter to say she was shopping and would be home late. Later that day, several men at the Bee Tree Farms Hunt Club in Winnabow, North Carolina, saw two men and a woman in a blue BMW drive to the end of a road by the lodge, turn around, and leave the area. Donovan, like Burns, was never seen again.

Basham and Fulks returned to their Myrtle Beach motel later that day and told Severance and Roddy they had to leave town because Basham shot at some police officers and Severance’s van had been seized. Basham and Fulks took Donovan’s BMW and began driving to West Virginia, leaving Severance and Roddy behind in Myrtle Beach. Donovan’s ATM card was used in Little River, Myrtle Beach, and Raleigh, North Carolina. Meanwhile, Severance filed a (false) police report alleging that her van had been stolen.

On November 15, 2002, Fulks and Basham arrived at the home of Beth McGuffin near Huntington, West Virginia. McGuffin, a childhood friend of Fulks, agreed to let Fulks and Basham stay at her home. Fulks introduced Basham to her as “Tommy Blake.” Later on November 15, Fulks and Basham purchased crack cocaine to share. Bas-ham and McGuffin also began a sexual relationship and had sexual intercourse three times over the next several days. Basham also gave McGuffin Burns’s heart-shaped ring. On November 16, the three watched a news story about the disappearance of Samantha Burns. When McGuffin remarked that Burns was likely dead, Fulks stated, “[s]he is dead.”

At the same time, the Federal Bureau of Investigation (“FBI”) was investigating the kidnapping of James Hawkins, which it believed Basham and Fulks had committed after escaping from prison. The FBI learned that the two men might be in Myrtle Beach, South Carolina, and that Severance had reported her van stolen. On November 16, the FBI and local authorities interviewed Severance and learned that Basham and Fulks had left the area. The FBI also became aware of the disappearance of Alice Donovan and suspected that Fulks and Basham might be involved.

On Sunday, November 17, Fulks, Bas-ham, and McGuffin smoked marijuana before Fulks and Basham left McGuf-fin’s house, telling her they were headed to Arizona. Instead, they stopped at the Ashland Mall in Ashland, Kentucky, about 20 minutes from Huntington. Sometime that evening, in a Wal-Mart parking lot, Basham approached Deanna Francis’s fifteen-year-old daughter as she entered the passenger side of their vehicle. Basham pointed a gun into the teenager’s side, attempted to enter the ear, and asked for directions to Green-ville, Kentucky. When Basham realized Deanna’s daughter was talking on her cell phone, he said “[M]y bad, I didn’t mean to scare you” and walked away. Deanna immediately called the police.

Ashland Police Officer Matt Davis was approximately four blocks from the Ash-land Mall when he heard the dispatch about the attempted carjacking. Davis drove to the mall, where he saw Bas-ham, who met the description of the suspected carjacker. Davis exited his patrol vehicle and approached Basham; Basham immediately began to flee. As Davis chased Basham through the mall area, Basham drew his weapon and fired a shot in the air. As the chase continued, Basham drew his weapon a second time, turned, and fired at Davis, who fired three shots of his own in return. Basham eventually made his way to a rail yard on the banks of the Ohio River where he hid. Davis radioed reinforcements, which surrounded the area. More than an hour later, at approximately 9:00 p.m., Basham surrendered to police, identifying himself as “Josh Rittman.” Police recovered a knife— later identified as belonging to Alice Donovan — and a crack cocaine pipe on Basham’s person. Basham’s pistol was recovered from a rail car several days later.

Fulks returned to McGuffin’s home that evening and watched a news report on Basham’s arrest. The morning of November 18', Fulks left McGuffin’s residence to drive Donovan’s BMW to his brother’s house in Goshen, Indiana. Fulks stopped at a rest area, where an Ohio state trooper, who had ascertained that the BMW was stolen, approached him; a high-speed chase then ensued at speeds in excess of 130 miles per hour. During this chase, Fulks nearly struck another trooper before managing to evade capture. Fulks eventually arrived at his brother’s home in the early morning hours of November 20. Police officers were staking out Ronnie’s home, however, and when Fulks, his brother Ronnie, and Ronnie’s girlfriend drove to a barn to hide the BMW, Fulks 'was arrested. Fulks’s semen and the bodily fluids from an unidentified female were later found in the back seat of the BMW.

Back in West Virginia, investigators determined that “Josh Rittman” was actually Basham, and that he was a recent prison escapee. At 2:00 a.m. on November 19, Basham was interviewed for the first time. Basham first told investigators that he and Fulks had escaped from prison and committed several crimes along the way. Later, he admitted that they had traveled to South Carolina and kidnapped a woman in Conway, South Carolina. Basham, however, insisted that the woman was alive and with Fulks.

At 9:45 a.m. on November 19, investigators re-interviewed Basham. Basham told investigators that he and Fulks kidnapped a man after escaping from prison, and carried firearms when kidnapping Donovan. He further told investigators that they used her credit cards to obtain cash, that they had driven Donovan to Ashland, Kentucky, and that Fulks was waiting for Basham when Basham was caught. This time, Basham said he thought Donovan was dead because she was not with Basham and Fulks at the Ashland Mall. During this interview, Basham also told investigators that Fulks “got a girl” in West Virginia as well.

On November 20, FBI agents interviewed Basham for seven hours. On. this occasion, Basham told investigators that after they kidnapped Donovan, Fulks dropped Basham off at the hotel, drove Donovan to a resort area, raped her, tied her up, and left her. Basham also claimed that Fulks was the one who actually carjacked Donovan. Basham also clarified that when he said Fulks “got a girl” in West Virginia, that he meant they had stolen a girl’s credit cards, not that they had kidnapped anyone else. At this point, investigators believed Donovan may have been still alive. Basham drew a map of the places Fulks and Basham had been with Donovan. This map roughly corresponded with the Savannah Bluff area of Horry County, South Carolina. A two-day search of the area, however, left investigators no closer to discovering Donovan’s fate.

On November 25, Basham, now represented by counsel, agreed to further aid investigators in finding Donovan’s body. He drew a map, mentioned passing through a cemetery, and informed investigators that Donovan’s body was left covered but unburied in the woods. Basham was unable to identify any specific landmarks to aid investigators.

On November 26, through counsel, Basham informed investigators that Samantha Burns was dead and that he and Fulks had rolled her body down an embankment and into the Guyandotte River near Huntington.

Two days later, on November 28, FBI and state investigators organized a search team to search Brunswick County, North Carolina, for Donovan’s body. Basham, now represented by Cameron B. Littlejohn, Jr. and William H. Monck-ton, VI, accompanied the agents. During the ride, Basham saw a deer and said, “I never could kill a deer and here I have,” but was cut off before finishing his sentence. Later that day, Basham told the investigators that he and Fulks had driven past a park, taken Donovan’s body out of the car, dragged it into the woods, and covered it. On two occasions, Basham became emotional as he identified landmarks where he and Fulks had taken Donovan. Later, Bas-ham told the investigators he had thrown out a Liz Claiborne purse strap at the Bee Tree Farms Cemetery. When they arrived, the local sheriff asked, “Is this where it happened?” Basham responded, “This is it. It is.” The cemetery was searched to no avail....

Starting in late November 2002, while in jail awaiting trial, Basham began writing letters to McGuffin, telling her his real name, claiming that he loved her, that he had not “hurt that girl from South Carolina”, and that Fulks was responsible for their crime spree. On this last point, Basham wrote that Fulks “lied to me” and “told me he had all kinds of money, and a new car, and all of this stuff just waiting on him, and all he needed me to do was to show him the way away from the jail because I was raised in that area.” Basham was not entirely forthright with McGuffin, however, as he also wrote that Burns’s ring, which he had given to McGuffin, was “not stolen or anything like that.” Bas-ham also confided that he “did a lot of bad s* *t with [Fulks].”

On December 24, 2002, Basham called a former middle-school teacher in Madi-sonville, Kentucky, Clifford Jay. When Jay asked whether Basham had killed Alice Donovan, Basham replied, “Yes, Sir. We killed them.” Jay was surprised by the use of the term “them,” because he had only heard about the Donovan killing.

Basham, 561 F.3d at 309-14 (alterations in original) (footnotes and citations omitted). Following our opinion, it was confirmed that Donovan’s remains had been found in a wooded area in Horry County, South Carolina.

On December 17, 2002, Basham and Fulks were charged in the District of South Carolina for their crimes against Donovan. The operative eight-count superseding indictment was then returned on April 23, 2003. The first two counts— carjacking resulting in death, in violation of 18 U.S.C. § 2119, and kidnapping resulting in death, in contravention of 18 U.S.C. § 1201(a) — carried with them the possibility of a death sentence. On September 13, 2003, the Government filed a notice of intent to seek the death penalty against Basham under 18 U.S.C. § 3593(a), the Federal Death Penalty Act.

Basham’s and Fulks’s cases were severed for trial on January 29, 2004. Bas-ham’s trial commenced on September 13, 2004. The evidence during the guilt phase of the trial proceedings included testimony from eighty-nine witnesses; post-arrest statements made by Basham to the FBI, Clifford Jay, and McGuffin; and surveillance videos of Donovan’s abduction in the Wal-Mart parking lot as well as ATM withdrawals made by Fulks using Donovan’s ATM card. During trial, the defense conceded Basham’s culpability in the carjacking, and kidnapping. The' defense argued, however, that Fulks had committed Donovan’s murder and was the instigator throughout the crime spree. To that end, during Basham’s opening statement, defense counsel asserted that the only “issue in controversy” was Basham’s intent to commit serious bodily harm to Donovan at the time of the abduction. After the thirteen-day guilt phase of the trial, the jury convicted Basham of all eight counts in the superseding indictment.

The penalty phase of the trial proceedings commenced on October 12, 2004. The prosecution introduced the trial record as its principal evidence. In addition, the prosecution presented testimony from correctional officers and a female nurse regarding Basham’s misconduct, drug use, and sexual misconduct towards female employees in prison; testimony from Donovan’s family regarding the impact of her death; and a videotape showing a courtroom scuffle between Basham and deputy U.S. Marshals that had occurred during the guilt phase of the trial. In mitigation, Basham put forth evidence that his parents encouraged his bad behavior, forced him to steal to support their drug habits, and introduced him to drugs, and that Basham was sexually abused by one of his father’s friends. Basham also introduced mitigation evidence regarding his mental condition and ability to adapt to prison life. On November 2, 2004, the jury returned a verdict recommending that Basham be sentenced to death on Counts 1. and 2.

Basham’s convictions and death sentences were entered on February 16, 2005. An aggregate sentence of 744 months in prison was imposed on the remaining six counts.

B.

On appeal, we affirmed Basham’s convictions and sentence in all respects. See Basham, 561 F.3d at 339. On June 1, 2011, Basham timely filed his motion for habeas corpus relief pursuant to 28 U.S.C. § 2255. That motion listed thirty-four claims for relief, two of which Basham subsequently withdrew. .

After conducting an evidentiary hearing over eight nonconsecutive days in late 2012' (the “ § 2255 hearing”), the district court denied Basham’s § 2255 motion for reasons explained in its thorough and well-crafted Opinion of June 5, 2013. The district court granted Basham a certificate of appealability as to Claims 1 through 7, Claims 9 through 30, and Claim 32. The court subsequently denied Basham’s motion to alter or amend the judgment, made under Federal Rule of Civil Procedure 59(e), by way of its August 21, 2013 Reconsideration Order. Basham timely noticed this appeal on October 17, 2013, and we possess jurisdiction pursuant to 28 U.S.C. §§ 1291, 2253(a), and 2255(d).

II.

We review de novo a district court’s legal conclusions in denying a 28 U.S.C. § 2255 motion. See United States v. Bulks, 683 F.3d 512, 516 (4th Cir.2012). Factual findings adduced from the evidence presented at a § 2255 hearing are reviewed for clear error. Id.

III.

On appeal, Basham first pursues four claims relating to an inculpatory statement he made to a law enforcement officer demonstrating how Donovan had been strangled with a purse strap. Basham asserts that he was denied his right to the effective assistance of counsel when his lawyers permitted him to speak with investigators outside of their presence (Claim 1 of Bas-ham’s § 2255 motion), and later when his lawyers failed to challenge the admissibility of his inculpatory statement on the ground that it resulted from an unlawful interrogation (Claim 2). Additionally, Bas-ham contends that the prosecution committed misconduct by presenting false testimony at trial to the effect that Basham’s statement admitted that he was Donovan’s killer (Claim 11), and that his lawyers were ineffective by not raising the misconduct contention on direct appeal (Claim 12).

Second, Basham mounts two challenges relating to his competency to stand trial. That is, he maintains that he was tried while incompetent, in violation of his due process rights (Claim 4). Relatedly, Bas-ham alleges that his trial lawyers were constitutionally ineffective by not ably litigating his competency (Claim 5).

Third, Basham asserts that his trial lawyers rendered ineffective assistance in their handling of evidence presented by the prosecution relating to the murder of the second victim, Samantha Burns (Claim 15). The Burns evidence was presented during the guilt phase of Basham’s trial, and he contends that his lawyers' were deficient by failing to challenge the admissibility and scope of that evidence.

Fourth, Basham raises a final ineffective assistance claim, arguing that his trial counsel’s file was not properly provided to the lawyers handling his direct appeal (Claim 30). That deficiency, he maintains, impeded his appellate lawyers from identifying viable challenges on appeal.

A.

Basham’s first set of claims arises from a statement he made to law enforcement authorities in November 2002, when he demonstrated how Donovan had been strangled with a purse strap. To provide context to those claims, we first review the relevant background of the contested statement and how it was used by the prosecution at Basham’s trial. We then address the merits of the claims.

1.

Following Basham’s November 17, 2002, arrest, he made several statements to law enforcement officers, after being advised of his Miranda rights and on the advice of his state-appointed counsel, essentially admitting his involvement in the carjacking and kidnapping of Alice Donovan. Cameron Littlejohn and William Monckton, both death penalty-qualified lawyers, were appointed to represent Basham on November 27, 2002. The following day — Thanksgiving Day — Basham participated in a search for Donovan’s body in Brunswick County, North Carolina (the “Thanksgiving search”). Littlejohn and Monckton had determined that participating in the Thanksgiving search could help Basham’s case by possibly finding Donovan still alive, or by demonstrating his willingness to assist law enforcement. Basham had no proffer agreement from the government, exposing him to the risk that any statements he made during the search might be used against him. Littlejohn and Monck-ton therefore sought to limit Basham’s participation to directing the search team in locating Donovan’s body. Present during the search were FBI Agent Jeffrey Long, officers from the local Conway, South Carolina police department, Brunswick County Sheriff Ronald Hewett, several sheriffs deputies, and approximately twenty local volunteers.

The first several hours of the Thanksgiving search were unsuccessful. After consulting privately with Basham, Little-john advised the investigators that,., “hypothetically,” Fulks had raped Donovan, strangled her with a purse strap, and then slit her throat. Afterwards, in Little-john’s presence, Basham told Sheriff Hew-ett that the search team should look for a Liz Claiborne purse strap at the Bee Tree Farms cemetery. The group then drove to that location.

At the cemetery, Basham, Sheriff Hew-ett, and two of Hewett’s deputies wandered about forty-five feet away from the rest of the group, including Basham’s lawyers. Basham and Hewett remained within the sight of Littlejohn and Monckton, but the lawyers could not hear Basham’s words. During that encounter, Basham made a statement to Hewett — part oral and part demonstrative (the “cemetery statement”). Specifically, Basham told Hewett that he believed the strap was from a Liz Claiborne purse and that he had thrown the strap into the woods. Although the search team was unable to locate the strap, Basham confirmed to Hewett several times that he believed they were at the correct location, directing the team where they should search. Basham used his hands to estimate the length of the purse strap and to show how he (Bas-ham) had tossed the strap into the woods. He also demonstrated a movement depicting how Donovan was strangled with the strap (the “strangling demonstration”).

Leading up to trial, Basham moved to suppress all of his post-arrest statements. The district court conducted an evidentiary hearing from February 24 through February 26, 2004 (the “suppression hearing”), to assess whether Basham’s statements were voluntary and admissible under Jack son v. Denno, 378 U.S. 368, 380, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964) (“A defendant objecting to the admission of a confession is entitled to a fair hearing in which both the underlying factual issues and the vol-untariness of his confession are actually and reliably determined.”). By the time of the suppression hearing, Basham was represented by lawyers Jack Swerling and Gregory Harris. They sought to suppress all statements Basham made during the Thanksgiving search, other than statements providing directions to Donovan’s body and the purse strap.

Given that the strangling demonstration was not a directional statement, it was encompassed within the lawyers’ suppression efforts. They did not, however, focus directly on that demonstration or contend that the broader cemetery statement was the product of an illegal interrogation pursuant to Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“[A]n accused, ... having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police.”). The lawyers, rather, focused primarily on suppressing Litt-lejohn’s hypotheticals. The district court ultimately excluded the hypotheticals, but ruled that the statements Basham made during the Thanksgiving search — including the cémetery statement and the strangling demonstration — were admissible.

At trial, during the guilt phase, the prosecution introduced evidence from the Thanksgiving search through Sheriff Hew-ett. On direct examination, Hewett testified to a number of inculpatory statements Basham had made during the search in Littlejohn’s presence. Hewett also testified regarding the cemetery statement, mimicking Basham’s strangling demonstration for the jury. Hewett’s testimony on direct gave no indication as to whether it was Basham or Fulks who had strangled Donovan with the purse strap. On cross-examination, attorney Harris returned to the cemetery statement. Harris was aware that Hewett’s notes from the Thanksgiving search contained no indication that Basham had suggested that he— rather than Fulks — had strangled Donovan. Seeking to draw out that point to the jury, Harris engaged in the following colloquy with Hewett:

Q. Now, at the cemetery, and I would like you to refer to your notes if that will help you.

A. Okay.

Q. There is nothing in your notes, nor is there anything in Lieutenant Crock-er’s notes that indicate that Brandon Basham told you that he used the strap, ' is there?

A. No, sir. He did not tell me he used the strap. He demonstrated, though.

Q. He demonstrated?

A. Yes, sir.

Q. Your notes, nor Lieutenant Crock-er’s notes say that he did that; isn’t that true?

A. That is true because he didn’t say. He showed.

J.A. 1358-59 (emphases added). Basham posits on collateral attack that the underscored portions of the foregoing testimony could suggest that, although Basham had not said that he used the strap to strangle and kill Donovan, he demonstrated as much. That is, the underscored language might be construed as Basham’s admission that he killed Donovan (the “actual killer suggestion”).

Neither the defense nor the prosecution followed up with Sheriff Hewett to clarify his testimony. In closing arguments at each trial phase, the prosecution briefly referenced Hewett’s testimony regarding the strangling demonstration. During the guilt phase, near the end of its lengthy summation, the prosecution recounted that Basham had demonstrated that “a Liz Claiborne purse strap was used to kill Alice Donovan.” See J.A. 1472. The prosecutor argued that, although Basham had not said he killed Alice Donovan, “he demonstrated it.” Id. A few moments later, the prosecutor urged that after seeing Hewett “demonstrate how Brandon Bas-ham demonstrated how Alice Donovan was strangled” — and hearing the testimony of Clifford Jay that Basham had admitted “we killed them” — the jury should return guilty verdicts. Id. at 1473-74. According to the prosecutor, that evidence, “alone, seals the deal.” Id. at 1474. Thereafter, in its penalty-phase closing, the government again referenced the strangling demonstration in arguing that the statutory intent element had been proved.

2.

a.

The Sixth Amendment guarantees an accused the effective assistance of counsel, the familiar standards of which were established in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Under Strickland, a movant seeking collateral relief from his conviction or sentence through an ineffective assistance claim must show (1) that his counsel’s performance was deficient and (2) that the deficiency prejudiced his defense. Id. at 687.104 S.Ct. 2052.

The deficiency prong turns on whether “counsel’s representation fell below an objective standard of reasonableness ... under prevailing professional norms.” Strickland, 466 U.S. at 688, 104 S.Ct. 2052. A reviewing court “must apply a ‘strong presumption’ that counsel’s representation was within the ‘wide range’ of reasonable professional assistance.” Harrington v. Richter, 562 U.S. 86, 104, 131 S.Ct. 770, 178 L.Ed.2d 624 (2011) (quoting Strickland, 466 U.S. at 689, 104 S.Ct. 2052). The Strickland standard is difficult to satisfy, in that the “Sixth Amendment guarantees reasonable competence, not perfect advocacy judged with the benefit of hindsight.” See Yarborough v. Gentry, 540 U.S. 1, 8, 124 S.Ct. 1, 157 L.Ed.2d 1 (2003).

The prejudice prong of Strickland inquires into whether counsel’s deficiency affected the judgment. See 466 U.S. at 691.104 S.Ct. 2052. The movant must demonstrate “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Id. at 694, 104 S.Ct. 2052. In the context of a death sentence, “the question is whether there is a reasonable probability that, absent the errors, the sentencer ... would have concluded that the balance of aggravating and mitigating circumstances did not warrant death.” Id. at 695, 104 S.Ct. 2052. The prejudice analysis “requires the court deciding the ineffectiveness claim to ‘consider the totality of the evidence before the judge or jury.’ ” Elmore v. Ozmint, 661 F.3d 783, 858 (4th Cir.2011) (quoting Strickland, 466 U.S. at 695, 104 S.Ct. 2052). In evaluating that evidence, “[w]e are not bound ... to view the facts in the light most favorable to the prosecution.” Tice v. Johnson, 647 F.3d 87, 111 (4th Cir.2011).

b.

By way of his § 2255 motion, Basham advances three ineffective assistance claims relating to his cemetery statement and the resulting testimony offered by Sheriff Hewett at trial. With respect to the first two of those claims, Basham asserts, first, that Littlejohn and Monckton performed deficiently during the Thanksgiving search when they allowed Basham to speak to Hewett outside of their presence, and, second, that Swerling and Harris were deficient by not' arguing at the suppression hearing'that Basham’s cemetery statement was the inadmissible product of an illegal interrogation.

Importantly, those two ineffective assistance claims rely on a shared argument as to Strickland’s prejudice prong. Had his lawyers performed competently — either by remaining with him during the Thanksgiving search and preventing him from making the cemetery statement (Littlejohn and Monckton), or by securing the suppression of the cemetery statement through an Edwards argument (Swerling and Harris)— Sheriff Hewett would not have testified to the cemetery statement at Basham’s trial. In the absence of that testimony, Basham contends that there is a reasonable probability that he would not have been sentenced to death. For purposes of establishing prejudice, not all of Basham’s oral and demonstrative cemetery statement is relevant, as most of the statement was cumulative to other, uncontroverted statements Basham made. The strangling demonstration is the only noncumulative portion of the cemetery statement. Bas-ham’s argument as to prejudice also homes in on the actual killer suggestion made by Hewett while testifying to the strangling demonstration.

The district court determined that Bas-ham failed to show that his lawyers’ alleged deficiencies prejudiced his defense under Strickland. The court reached that conclusion through an exceedingly thorough analysis of the issue, which we will briefly summarize. See Opinion 28-46, 74-75. The court began by examining Hew-ett’s trial evidence on cross-examination, which the court acknowledged could be interpreted to suggest that Basham had demonstrated how he had used the purse strap to strangle Donovan. The court rejected Basham’s contention that prejudice was evident simply from the prosecutor’s references to Hewett’s testimony. Those summations, the court found, repeatedly used passive language to indicate Basham had demonstrated how Donovan was strangled. From there, the court summarized the overall case against Basham, which, “viewed in its totality, was overwhelming.” Id. at 39. Basham had not shown, the court explained, that Hewett’s testimony regarding the strangling demonstration or his actual killer suggestion might have impacted the jury’s overall analysis of the aggravating and mitigating factors. Id. at 43-46. Given that the controverted testimony had, at most, a “less than significant” impact only on one nonstatutory mitigating factor, id. at 45, and in light of the overwhelming support in the record justifying the death sentence, the court was “left with the firm conclusion that Basham has been unable to show that ‘the decision reached [by the jury] would reasonably likely have been different absent the error[ ],’ ” id. at 46 (alterations in original) (quoting Strickland, 466 U.S. at 696, 104 5.Ct. 2052).

On appeal, Basham urges that his lawyers’ deficiencies prejudiced his defense at the penalty phase. Our task at this stage is to “reweigh the evidence in aggravation against the totality of available mitigating evidence.” Wiggins v. Smith, 539 U.S. 510, 534, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003). Basham contends that “the mitigating evidence presented to the jury might have carried greater weight had the jury not been told by the Government that Basham killed Donovan with his own hands.” See Br. of Appellant 47.

The aggravating evidence against Bas-ham was strong. The jury unanimously found, beyond a reasonable doubt, six of the seven nonstatutory aggravating factors alleged, including that Basham: escaped from a detention facility; carjacked and kidnapped Samantha Burns, resulting in her death; committed a first-degree burglary of Carl Jordan’s residence and then attempted to murder him; kidnapped and carjacked James' Hawkins; attempted to murder a police officer in Ashland, Kentucky; and impacted Donovan’s families and friends. The jury did not find unanimously the future dangerousness factor. The trial record amply supported the six aggravators that the jury found against Basham. Because the aggravators do not directly concern Donovan’s death, moreover, omitting the actual killer suggestion and the strangling demonstration would not have affected the aggravating factors.

The defense submitted to the jury five statutory mitigating factors and thirty nonstatutory mitigating factors. On the statutory factors, at least one juror found that Basham had impaired capacity and committed the offense while severely disturbed, while no jurors found duress, minor participation, or insignificant prior history. See 18 U.S.C. § 3592(a). The nonstatutory factors included issues such as Basham’s role in the offense, family background, substance abuse, history of abuse, mental and emotional problems, and low intelligence. The jury’s findings on the nonstatutory factors differed between its special verdict forms on the kidnapping and the carjacking charges but, in all, most of those factors were found present by at least one juror. Relevant here, however, is that no juror found as to either offense that Basham had proved by a preponderance of the evidence that “Brandon Leon Basham played a lesser role than Chadrick Evan Fulks in the kidnapping and carjacking of Alice Donovan, and this factor is mitigating.” See J.A. 2472, 2484. The district court determined the foregoing to be the only factor potentially impacted by the actual killer suggestion, and we agree. We also agree with the court’s conclusion that, considering the totality of the evidence, there is not a reasonable likelihood that the actual killer suggestion would have altered the jury’s decision to recommend death.

First, the government’s overarching theory in Basham’s prosecution undermines the significance that Basham assigns to the actual killer suggestion. The prosecution took the position that Basham and Fulks aided and abetted each other in kidnapping, carjacking, and killing Donovan. Neither .of their convictions turned on which man killed Donovan. Rather, the prosecution maintained that, in their crimes against Donovan, Basham and Fulks “were acting together in unison as a team, a death squad, if you will.” See J.A. 1404. As the prosecution explained in its closing argument at the guilt phase of Basham’s trial, “[t]he government does not have to prove, and more importantly, you jurors do not have to find who, specifically, killed Alice Donovan in order to convict Brandon Basham.” Id. That was because, “but for the actions of Brandon Basham, Alice Donovan would be alive today. But for the actions of Chad Fulks, Alice Donovan would be alive today. The two of them are responsible for the death of Alice Donovan.” Id. at 1405. The prosecution made no distinction between the hands of Básham and Fulks — if one had strangled her, so had the other. Thus, the prosecutor argued in Basham’s penalty-phase summation: “Now, does that mean Brandon Basham’s strangling of Alice Donovan is the only hand that caused Alice Donovan’s death? The government doesn’t submit that. The government submits, and submitted all along, that Chad Fulks is just as responsible.” Id. at 2312. That sentiment was repeated on rebuttal, when the prosecutor declared that Donovan had died “at the hands of these two men.” Id. at 2433.

Second, the record clearly establishes that Basham actively participated with Fulks in committing the crimes against Donovan, and in ultimately ending her life. Basham does not suggest otherwise. Nor could he credibly make such an argument. Basham’s strangling demonstration was but one piece of the “overwhelming case” establishing Basham’s involvement in Donovan’s murder. See Basham, 561 F.3d at 328. Removing Sheriff Hewett’s contested testimony, the jury presentation included the following evidence:

• Videotape footage of Basham carjacking Donovan in a Wal-Mart parking lot;

• A map drawn by Basham during a November 20, 2002 interview with law enforcement, where he indicated the location of Donovan’s body;

• Basham’s statement to investigators on November 25, 2002, that Donovan’s body should be at a cemetery, which “is where [he and Fulks] did their thing,” see J.A. 1280;

• Basham’s participation in the Thanksgiving search on November 28, 2002, which indicated that he knew of the crimes committed against Donovan and the location of her body;

• Basham’s directions to the search team during the Thanksgiving search, made with Littlejohn’s express consent: “You need to be looking for a strap. It is about this long.... It has Liz Claiborne on the strap.... Back at the cemetery[,] you need to go back to the cemetery and look for that strap,” see id. at 1332-33;

• Basham’s statements during the Thanksgiving search, made in Little-john’s presence, that after dragging Donovan’s body out of the car, he and Fulks “pulled her into the woods” and “covered the body with leaves and what he described as limbs,” see id. at 1337;

• Basham’s statement during the Thanksgiving search when, while riding in the van with Littlejohn, Basham saw a doe jump onto the road and remarked, “You know, I never could kill a deer and here I have ...see id. at 1329;

• Basham’s admission to Clifford Jay on December 24, 2002, “Yes sir. We killed them,” see id. at 1388; and

• Donovan’s knife being found in Bas-ham’s possession when he was arrested.

The totality of the evidence leaves no doubt that Basham — at the very least— aided and abetted the crimes committed against Donovan. Moreover, as the dis-' trict court aptly noted,

elimination of the [strangling demonstration] would not have led the jury to the conclusion that Fulks was the one who strangled Donovan. Instead, the jury would have been left with an absence of testimony on the question of who did the strangling and a complete record of Basham and Fulks’s seventeen-day cascade of misdeeds, which included two rapes and murders and at least five other attempted or potential murders.

See Opinion 44. The jury thus could have concluded that Basham had actually strangled Donovan, even without Hewett’s actual killer suggestion. Or, the jury could have decided that Fulks was the strangler, in which case Basham would still be deemed the killer, given the prosecution’s aiding-and-abetting theory. Or, the jury could have chosen the path suggested by the government and simply found that Basham and Fulks, together, killed Donovan. The end result would be the same: Basham and Fulks were equally culpable for all of their acts, meaning Basham was responsible for killing Donovan.

Basham urges that “an overly mechanical analysis” of prejudice is flawed, in that a reviewing court cannot “account for the intangible factors at play in each juror’s evaluation of whether Basham was deserving of death.” See Br. of Appellant 46. Nonetheless, to succeed on his ineffective assistance claims, Basham is not entitled to satisfy the prejudice requirement through “rank speculation, defying calculation of a reasonable probability.” See United States v. Fulks, 683 F.3d 512, 522 (4th Cir.2012). The Supreme Court observed in Strickland that errors might impact the underlying facts and inferences to sharply different degrees, and “a verdict or conclusion only weakly supported by the record is more likely to have been affected by errors than one with overwhelming record support.” See 466 U.S. at 695-96, 104 S.Ct. 2052. Here, assuming Hewett’s actual killer suggestion and strangling demonstration were erroneously admitted, the totality of the evidence remains unaffected.

Subtracting the strangling demonstration and Hewett’s actual killer suggestion from the sum of evidence received by the jury, we are convinced that Basham has not established prejudice by a reasonable probability, “sufficient to undermine confidence in the outcome” of his proceedings. See Strickland, 466 U.S. at 694, 104 S.Ct. 2052. We thus agree with the district court that Basham’s ineffective assistance claims must fail, in that he cannot satisfy Strickland’s prejudice requirement.

3.

Basham advances two additional claims arising from the cemetery statement, and more specifically from Sheriff Hewett’s actual killer suggestion. Basham contends, first, that his convictions must be reversed because the prosecution committed misconduct when it used that testimony knowr ing it was false, and, second, that his lawyers were ineffective in failing to raise the misconduct issue on direct appeal.

a..

In prosecuting a criminal trial, the Due Process Clause obliges the government “not [to] knowingly use false evidence, including false testimony, to obtain a tainted conviction.” Napue v. Illinois, 360 U.S. 264, 269, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959). Due process is violated “regardless of whether the prosecution solicited testimony it knew to be false or simply allowed such testimony to pass uncorrected.” Boyd v. French, 147 F.3d 319, 329 (4th Cir.1998) (citing Giglio v. United States, 405 U.S. 150, 153, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972)). Testimony by a law enforcement officer that is knowingly false or misleading “is imputed to the prosecution.” Id. On collateral attack, a movant alleging this sort of misconduct must demonstrate three elements: (1) that the testimony at issue was false; (2) that the prosecution knew or should have known of the falsity; and (3) that a reasonable probability exists that the false testimony may have affected the verdict. See United States v. Roane, 378 F.3d 382, 400 (4th Cir.2004); United States v. Kelly, 35 F.3d 929, 933 (4th Cir.1994). If the movant shows each of those elements, relief must be awarded. See United States v. Bagley, 473 U.S. 667, 679-80, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985).

Basham’s prosecutorial misconduct claim relates to Sheriff Hewett’s actual killer suggestion and the related portions of the government’s closing arguments. Basham points to three instances in the record that, he contends, establish the prosecution knew or should have known that the testimony was fals,e. First, FBI Agent Long prepared a report on December 4, 2002, summarizing the Thanksgiving search. In that report, Long recounted that Basham had informed investigators that “[a]fter FULKS raped [Donovan], FULKS used a purse strap, which was approximately 18 inches long, and strangled Donovan.” See J.A. 2698. Second, on April 22, 2003, Long appeared before a grand jury to obtain the superseding indictment. Consistent with his report, Long testified that Basham had told law enforcement officers during the Thanksgiving search that Fulks had “actually killed” Donovan. Id. at 403. Third, while arguing an evidentiary issue in Fulks’s trial, and outside the presence of the jury, Assistant United States Attorney Johnny Gasser stated, “Brandon Basham said that Chad Fulks took the purse strap and strangled [Donovan].” Id. at 1004.

The district court rejected Basham’s misconduct claim. Initially, the court determined that the claim failed because it had been proeedurally defaulted. Alternatively, the court rejected the claim on its merits. First, the court observed that AUSA Gasser made his statement in the context of an evidentiary argument during Fulks’s trial, outside the presence of the jury. ■ Fulks had sought to introduce Bas-ham’s inculpatory statement, “ “You know I have never' even killed a deer and here I have....’” See Opinion 26, 49 (quoting J.A. 1329). Citing the rule of completeness set forth in Federal Rule of Evidence 106, Gasser argued that Basham’s deer statement should not be admitted in isolation, considering that “Basham had on numerous occasions indicated that Fulks was the killer.” Id. at 49. The court concluded that “Gasser’s reliance on the rule of completeness during debate over an evidentiary issue does not, by any means, require a finding that at the Fulks trial the government adopted Basham’s self-serving statement that Fulks was the killer.” Id. As to Agent Long, the court noted that his report — which was consistent with his grand jury testimony — “was not introduced as an exhibit at Basham’s trial and merely memorialized Basham’s self-serving statement during the investigation.” Id. at 50. Long’s statements, the court determined, in no way “reveal an inconsistent position or false testimony employed by the government.” Id. The court thus found that the prosecution had not presented false testimony and denied Bas-ham’s claim.

The district court returned to this claim in denying Basham’s motion to amend or alter judgment. With respect to AUSA Gasser’s argument during Fulks’s trial, the court found that the prosecution “did not vouch for the accuracy of Basham’s statement,” and that “the government did not advance an argument to the court or to the jury that Basham was the one who used the strap to strangle Donovan.” See Reconsideration Order 3. Similarly, although the prosecution presented Long’s testimony to the grand jury, the court found that “the government did not in any way adopt” Long’s statement that Fulks strangled Donovan “as its theory of the case regarding who actually strangled Donovan.” Id. Further, the court observed that Basham “offered no evidence that Sheriff Hewett’s testimony was perjured,” compelling the court’s determination that Basham had not demonstrated that Hewett gave false testimony. Id. at 3-4. Having found that Basham had “failed to satisfy the threshold requirement to show that the testimony of which he complains was false,” the court determined that “no further analysis is required.” Id. at 4.

On appeal, Basham maintains that he has satisfied his burden of establishing his prosecutorial misconduct claim because, “prior to Hewett’s testimony at Basham’s trial, the Government’s understanding from all sources was that Basham told Hewett that Fulks wielded the strap.” See Br. of Appellant 70. Therefore, according to Basham, the prosecution engaged in misconduct “when it not only failed to investigate and correct Hewett’s [actual killer suggestion], but seized upon that testimony [in closing arguments] to bolster its case in both guilt and penalty phases.” Id. at 72.

To succeed on his prosecutorial misconduct claim, Basham must show that the district court’s finding that no false testimony was presented is clearly erroneous. See Rosencrantz v. Lafler, 568 F.3d 577, 586 (6th Cir.2009) (applying clear error review to district court’s finding that government knowingly used false testimony); Pyles v. Johnson, 136 F.3d 986, 996-98 (5th Cir.1998) (same); United States v. Boyd, 55 F.3d 239, 242 (7th Cir.1995) (same). Our task, therefore, is to assess whether “the entire evidence” creates “the definite and firm conviction that a mistake [was] committed.” Easley v. Cromartie, 532 U.S. 234, 243, 121 S.Ct. 1452, 149 L.Ed.2d 430 (2001) (internal quotation marks omitted). Thus, “[i]f the district court’s account of the evidence is plausible in light of the record,” we may not reverse that finding even if we “would have weighed the evidence differently.” Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 573-74, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985).

Basham does not suggest that Hewett committed perjury, and he therefore must demonstrate that the record compels the conclusion that Hewett’s actual killer suggestion “create[d] a false impression of facts which are known not to be true.” United States v. Bartko, 728 F.3d 327, 335 (4th Cir.2013) (internal quotation marks omitted). Implicitly, Basham argues — as he must — that it was Fulks who strangled Donovan. But while Basham relies on isolated snippets of the record to establish that point, a fuller reading clarifies the uncertainty regarding the identity of Donovan’s killer. For example, a complete reading of Long’s report shows that his statement that “FULKS ... strangled Donovan” derived from Littlejohn’s hypothetical statements, which the government successfully moved to suppress. See J.A. 2698. In the grand jury proceedings, Long testified not only that Basham had blamed Fulks for actually killing Donovan, but that Fulks had blamed Basham. Id. at 403, 408. Similarly, AUSA Gasser’s statements during the evidentiary dispute in Fulks’s trial were not made for the truth of the matter. Gasser was simply arguing that Basham made both inculpatory and exculpatory statements during the Thanksgiving search, and Fulks should not be permitted to admit only the favorable statements into evidence.

Basham suggests that Hewett’s actual killer suggestion was false because at Fulks’s trial, the prosecution took the position that Fulks — not Basham — had strangled Donovan. In addressing Fulks’s § 2255 motion, we considered a similar argument. See Fulks, 683 F.3d at 523-25. Fulks contended that the prosecutors had violated his due process rights by pursuing mutually inconsistent theories against Bas-ham and Fulks, and referenced many of the same statements that Basham now highlights. We rejected Fulks’s claim because, “[vjiewed in the context of the entirety of both proceedings, the government’s core theory was that Fulks and Basham were equally culpable in Donovan’s murder and similarly deserving of the death penalty, regardless of which one physically ended her life.” Id. at 524. Our reasoning in Fulks applies to Bas-ham’s claim here. The government’s consistent position has remained that Basham and Fulks shared responsibility for Donovan’s death.

In all, Basham has not shown that the district court clearly erred in finding that the prosecution did not present false testimony at his trial. That finding is plausible based on the entire record, and therefore must be affirmed. As the Supreme Court has recognized, “[t]he trial judge’s major role is the determination of fact, and with experience in fulfilling that role comes expertise.” Anderson, 470 U.S. at 574, 105 S.Ct. 1504. As such, Basham cannot satisfy the first element of his pros-ecutorial misconduct claim, and we affirm the court’s ruling.

b.

Basham presents a separate ineffective assistance claim that is based on his lawyers’ failure to raise the misconduct claim on direct appeal. The district court denied that claim in conjunction with its determination that Basham had not shown sufficient cause to excuse his procedural default. We affirm the court’s ruling on this ineffective assistance claim, in that the underlying misconduct claim is plainly without merit. See Cooks v. Ward, 165 F.3d 1283, 1296-97 (10th Cir.1998) (concluding that appellate counsel “cannot be said to have been ineffective for failing to raise [claim] on direct appeal” where claim determined on collateral attack to lack merit); see also United States v. McHan, 386 F.3d 620, 623 (4th Cir.2004) (observing that “we are, of course, entitled to affirm on any ground appearing in the record, including theories not relied upon or rejected by the district court” (alterations and internal quotation marks omitted)).

B.

Basham also maintains that he was tried and convicted while being legally incompetent, and that his lawyers were constitutionally ineffective by failing to raise the competency issue to the district court during trial. His arguments focus on two specific days — September 20 and October 26, 2004.

1.

The Due Process Clause of the Fifth Amendment prohibits the federal government from trying and convicting a mentally incompetent defendant. See Pate v. Robinson, 383 U.S. 375, 384-86, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966). The test for determining competency in a federal court is whether the defendant “has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as a factual understanding of the proceedings against him.” Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (I960) (per curiam). A mov-ant can pursue either substantive or procedural competency-related claims on collateral attack. In a substantive competency claim, the movant asserts that he was, in fact, tried and convicted while mentally incompetent. In a procedural claim, on the other hand, the movant contends that the trial court failed to properly ensure that the accused was competent to stand trial, as required by 18 U.S.C. § 4241. See Beck v. Angelone, 261 F.3d 377, 387-88 (4th Cir.2001); In pursuing a substantive competency claim, such as Basham raises in his § 2255 motion, the movant is presumed to have been competent during his trial. See Burket v. Angelone, 208 F.3d 172, 192 (4th Cir.2000). In that situation, the movant bears the burden of proving, by a preponderance of the evidence, that he was incompetent. See United States v. Robinson, 404 F.3d 850, 856 (4th Cir.2005).

In its Opinion, the district court found that Basham was legally competent throughout his trial, including during the specific challenged incidents on September 20 and October 26, 2004. As explained below, the court’s findings are not clearly erroneous, and its deni