testimony that she would have been able to offer to refute the offenses charged and particularly the credibility of Kniestedt. VI. Discussion of Prejudice A. Proffer Issue Petitioner Giamo asserts that his Sixth Amendment rights were violated as a result of Isicrate’s ineffective counsel and grounds his claim under 28 U.S.C. § 2255. (ECF 103). He claims that but for ineffective counsel, he would have accepted the plea offer and plead guilty and would have received a lesser sentence as a result. Id. The Supreme Court recently addressed effective assistance of counsel during the plea bargaining stage, applying Strickland to instances where deficient performance resulted in the rejection of a plea or the expiration of an uncommunicated plea. See Lafler, 132 S.Ct. 1376 at 1384-85 (<HOLDING>); Frye, 132 S.Ct. at 1408 (holding the Sixth
holding that the sixth amendments guarantee of the assistance of counsel is made obligatory upon the states by the fourteenth amendment holding claim that counsel failed to convey a plea offer that was more favorable than the sentence imposed after trial together with an assertion that defendant would have pleaded had he or she known of the offer is facially sufficient holding that to demonstrate prejudice resulting from counsels deficient performance that caused a defendant to forgo a favorable plea offer a defendant must show that he would have accepted the offer to plead and that there is a reasonable probability neither the prosecution nor the trial court would have prevented the offer from being accepted or implemented holding that the sixth amendment guarantee covers defendants who rejected a pleaoffer wherea more favorable plea offer would have been accepted but for ineffective assistance of counsel holding that to prove ineffectiveness where defendant rejected plea offer upon advice of counsel defendant must show he would have accepted the offer had counsel advised correctly the state would not have withdrawn its offer the court would have accepted the offer and the resulting sentence would have been less severe