Relief granted in 2255

U.S. v. Holder, -- F.3d --, 2005 WL 1324949 (10th Cir. 6/6/05) - Petitioner overcame presumption of sound trial strategy in his § 2255 re: counsel's failure to call a witness whose testimony could have been critically important in a federal murder trial in Okla. Petitioner was therefore entitled to an evidentiary hearing. The COA noted that the district court had relied on a 10th Cir. holding, later rejected by the Supreme Court, that there can be no IAC claim when the petitioner was represented at trial by retained counsel.