US v. Juliano, No. 20-35395 (9-3-21)(VanDyke w/Bea & Bress). It is not IAC for counsel to fail to anticipate enactment of legislation. This is a habeas petition. The petitioner entered into a plea for a drug offense under which the gov’t would only file one enhancement. The petitioner got a benefit, along with a 240-month mandatory sentence. Several months later, the First Step Act was enacted and signed. The 9th cautioned against second guessing under Strickland whether counsel should have waited; the petitioner did get a benefit and the passage of the First Step Act was anything but smooth.

The decision is here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/09/03/20-35395.pdf