Court of Appeals for the Sixth Circuit March 4, 2003, No. 01-6425 (Sherrod v. Tennessee)

ROGERS, Circuit Judge.

Lucien Sherrod appeals the dismissal of his petition for habeas corpus relief, as*937serting that the prejudice required by Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), should have been presumed due to his attorney’s failure to investigate and present mitigating evidence during his sentencing hearing.