HOOD v. McDONOUGH, 228 Fed.Appx. 926 (11th Cir. 2007)

Bobbie HOOD, Jr., Petitioner-Appellee, v. Secretary for the Department of Corrections, James McDONOUGH, Respondent-Appellant.

No. 06-15131.United States Court of Appeals, Eleventh Circuit.
June 13, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Jill Kramer Traina, Office of the Attorney General, Miami, FL, for Respondents Appellant.

Page 927

Federal Public Defender, Miami, FL, Federal Public Defender, Ft. Lauderdale, FL, for Petitioner-Appellee.

Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 04-22305-CV-ASG.

Before CARNES and WILSON, Circuit Judges, and WALTER,[*]
District Judge.

[*] Honorable Donald E. Walter, United States District Judge for the Western District of Louisiana, sitting by designation.

PER CURIAM:

For the reasons that we discussed with counsel at oral argument, we are convinced that no part of the petitioner’s ineffective assistance claim is unexhausted or procedurally barred, and the district court did not err in finding that the state court’s determination regarding the prejudice prong was an unreasonable application of the principles set out i Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

AFFIRMED.