Did the failure of defense counsel to object to the increase in Petitioner's sentence into the 'aggravated range' at Felony Class C, by use of a prior juvenile delinquency conviction, constitute Ineffective Assistance of Counsel, because the Petitioner did not commit a Class C felony?

QUESTION PRESENTED During oral argument in Johnson v United States, 135 S.Ct. 2551, 192 L.Ed2d 569 (2015), Justice Scalia asked the following rhetorical question: “Have we ever approved that, by the way, kicking it (a misdemeanor) up to the felony category simply because of recidivism?” Johnson v U.S., No. 06-6935, Oral Argument Transcript, p. 49. Review is requested to address Justice Scalia’s question in the context of the Petitioner’s case. The Question Presented is; Did the failure of defense counsel to object to the increase in Petitioner’s sentence into the “aggravated range” at Felony Class C, by use of a prior juvenile delinquency conviction, constitute Ineffective Assistance of Counsel, because the Petitioner did not commit a Class C felony?