The Sixth Circuit has heard the wailing of our readers who, in the comments to this post, decry the difficulty of prevailing in a claim of ineffective assistance of counsel, and reminds us that an assertion of failure to raise legal issues has a better chance of success than challenging questionable trial strategy or preparation. See United States v. Ballard, No. 03-5117. Being as Ballard's attorney failed to raise Apprendi on appeal or request a special verdict when her client was charged with one count of conspiracy to distribute "marijuana, cocaine, and cocaine base," this opinion is something of a stroll down memory lane for sentencing buffs. Is Ballard's statutory max under 21 USC 841(d) now just five years?