1. Under Puckett v. United States , 556 U.S. 129 (2009) and Brecht v. Abrahamson, 507 U.S. 619 (1993), a petitioner seeking habeas relief from a sentence imposed as a result of a guilty plea establishes Strickland prejudice by showing that but for counsel 's ineffectiveness the result of the proceeding, i.e., the sentence, would have been different. But as established by Santobello v. New York, 404 U.S. 257 (1971), and suggested by Puckett, when the government 's breach of a promise used to secure a guilty plea is incurable, a petitioner can show Strickland prejudice by showing that the result of the proceeding would have been different because the incurable breach entitled Petitioner to withdraw his guilty plea or proceed to sentencing before a different judge without any showing that the sentence would have been different.

Whether a petitioner seeking habeas relief from a sentence imposed by a guilty plea can establish Strickland prejudice by showing that but for counsel's ineffectiveness, the result of the proceeding would have been different