700 Florida cases classified under this topic, plus 130 listed through its narrower topics · sorted by citation count · browse and sort
-
365 F.2d 404·
6th Cir.·
1966-07-29
·cited 2×
The court held that the district judge should have conducted an evidentiary hearing on the petition to vacate the sentence, rather than denying it outright.
-
329 F.2d 368·
7th Cir.·
1964-02-11
·cited 2×
The court held that the district court did not err in accepting the petitioner's guilty pleas, nor in its determination of his mental competency to stand trial.
-
276 F.2d 649·
9th Cir.·
1960-02-12
·cited 2×
The court held that the district court's denial of the motion to vacate conviction and withdraw plea, which included a recital that the appeal was frivolous, effectively served as a certificate of no good faith, and that the issues raised on appeal were indeed frivolous.
-
939 F.2d 1369·
9th Cir.·
1991-07-30
·cited 1×
The dissent argues that the defendant's stipulation to facts mirroring the indictment constituted a de facto guilty plea, requiring the protections of Boykin v. Alabama, which were not afforded.
-
813 F.2d 182·
8th Cir.·
1987-03-09
·cited 1×
The court held that Federal Rule of Criminal Procedure 11 and the privilege against self-incrimination do not apply to probation revocation hearings when the probationer admits to violations.
-
291 So. 2d 229·
Fla. 4th DCA·
1974-03-15
·cited 1×
A defendant's guilty plea to manslaughter is valid where the record affirmatively shows it was intelligently and understandably entered without misapprehension, ignorance, fear, or inducement.
-
M.D. Fla.·
2025-03-27
The court held that the petitioner's counsel provided effective assistance and that his guilty plea was knowing and voluntary, despite claims of inadequate advice regarding sentencing.
-
The court affirmed the magistrate judge's report and recommendation, denying the petitioner's motion to vacate his sentence, and denied a certificate of appealability.
-
M.D. Fla.·
2025-03-10
The court held that the petitioner's claims for vacating his sentence based on ineffective assistance of counsel lack merit and are procedurally defaulted or otherwise fail.
-
M.D. Fla.·
2025-02-26
Darryl Cleon Forbes, a Jamaican citizen, pleaded guilty to conspiracy to commit wire fraud for operating a fraudulent sweepstakes scheme that defrauded U.S. victims of millions of dollars, and challenged his conviction through a § 2255 motion arguing his indictment charged a non-
-
M.D. Fla.·
2024-12-12
The court held that the petitioner's guilty plea was knowing and voluntary, and his claims of ineffective assistance of counsel and constitutional violations lacked merit.
-
The court recommended denial of the motion to vacate sentence because the movant failed to establish that his counsel's performance was deficient regarding consultation about appellate rights.
-
S.D. Fla.·
2024-03-19
A guilty plea is knowing and voluntary when the district court specifically and repeatedly informs the defendant of the sentencing guidelines range, maximum penalty, and that counsel's estimates are not binding, even if counsel failed to discuss the specific guidelines calculatio
-
M.D. Fla.·
2024-03-14
The court held that the petitioner's claims for federal habeas relief were meritless and denied the petition.
-
An unconditional guilty plea waives the right to appeal a district court's denial of a motion to dismiss based on the statute of limitations, as this is a non-jurisdictional defense.
-
Andre Alston sought to vacate his 15-year conviction and sentence for firearm possession by a convicted felon under 28 U.S.C. § 2255, arguing prosecutorial misconduct, speedy trial violations, ineffective assistance of counsel, and other constitutional violations. The district co
-
M.D. Fla.·
2023-04-17
The court denied the motion to vacate sentence, finding the grounds raised were either meritless, procedurally defaulted, or previously resolved.
-
M.D. Fla.·
2023-03-27
The court held that the petitioner's claims of ineffective assistance of counsel were without merit, as they were either waived by his guilty plea, contradicted by the record, or failed to meet the Strickland standard for deficient performance and prejudice.
-
M.D. Fla.·
2023-03-01
Jose Salvador Lantigua sought to vacate his conviction and sentence under 28 U.S.C. § 2255, claiming ineffective assistance of counsel and trial court error in connection with his guilty pleas to bank fraud, wire fraud conspiracy, passport fraud, and aggravated identity theft ste
-
The court held that the movant's claims were procedurally barred or lacked merit, and therefore denied his motion to vacate, set aside, or correct his sentence.
-
The court denied Michael Eugene Williams's motion to vacate his conviction and sentence under 28 U.S.C. § 2255. The court found that Williams's claims of ineffective assistance of counsel, specifically that his attorney misadvised him about a 15-year sentence if he pleaded guilty
-
The court held that the petitioner's motion to vacate his sentence was untimely and denied his claims, as the Rehaif decision did not apply retroactively and the petitioner failed to establish plain error affecting substantial rights.
-
The court held that the petitioner's motion to vacate his sentence under 28 U.S.C. § 2255 is denied because his guilty pleas were voluntary, knowing, and intelligent, and the federal court had proper jurisdiction.
-
The court held that the petitioner's claims of ineffective assistance of counsel and involuntary plea were without merit, as the record showed counsel acted competently and the plea was knowing and voluntary.
-
S.D. Fla.·
2021-07-21
Dynza Mackey, a federal inmate serving a sixty-one-month sentence for identity theft and access device fraud, petitioned under 28 U.S.C. § 2255 to vacate his sentence on grounds including ineffective assistance of counsel. The District Court denied his petition on the merits, fin
-
M.D. Fla.·
2021-03-02
The court held that the petitioner's motion to vacate his sentence was untimely filed under 28 U.S.C. § 2255, and he failed to establish grounds for equitable tolling or the actual innocence exception.
-
S.D. Fla.·
2021-01-07
The court held that a movant who has completed his sentence is not eligible for relief under 28 U.S.C. § 2255, and that the Supreme Court's ruling in Padilla v. Kentucky, regarding counsel's duty to advise on immigration consequences, does not apply retroactively to cases finaliz
-
The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to vacate sentence.
-
M.D. Fla.·
2020-08-05
The court held that the defendant's claims for post-conviction relief under 28 U.S.C. § 2255 were without merit, as his guilty plea was knowing and voluntary, and his counsel was not ineffective.
-
A defendant convicted of theft of government property and aggravated identity theft challenged his sentence under 28 U.S.C. § 2255, arguing ineffective assistance of counsel. The court granted relief in part, finding that counsel was ineffective for failing to challenge a 2-level
-
S.D. Fla.·
2020-07-02
The court held that the petitioner's objections were overruled and his Section 2255 motion was denied because his claims regarding jurisdiction, plea validity, and sentencing enhancements lacked merit.
-
The court held that the petitioner's claim under United States v. Davis is procedurally defaulted and without merit because his § 924(c) conviction was predicated on witness retaliation, which qualifies as a crime of violence under the elements clause, not the unconstitutional re
-
The court held that the petitioner's claims regarding subject matter jurisdiction, constitutional violations at sentencing, and ineffective assistance of counsel were without merit and denied his motion to vacate, set aside, or correct his sentence.
-
M.D. Fla.·
2020-06-02
The court held that a petitioner's claims of an involuntary guilty plea and ineffective assistance of counsel were without merit and procedurally defaulted.
-
The court held that a motion to vacate a sentence under 28 U.S.C. § 2255 is denied because the claim is based on a non-retroactive Supreme Court decision and is procedurally defaulted, and the petitioner cannot establish ineffective assistance of counsel.
-
The court held that the petitioner's claims of ineffective assistance of counsel were without merit because he could not demonstrate deficient performance or prejudice, and his guilty plea was knowing and voluntary.
-
The court held that the petitioner's claims of ineffective assistance of counsel were without merit because the record contradicted the allegations or the petitioner failed to demonstrate prejudice.
-
M.D. Fla.·
2020-03-30
Broderick pleaded guilty to possession with intent to distribute cocaine and possession of a firearm in furtherance of drug trafficking, and was sentenced to 240 months imprisonment. On collateral review under 28 U.S.C. § 2255, the court denied his motion challenging the convicti
-
The court held that the petitioner's claims of ineffective assistance of counsel failed because the record showed his guilty plea was knowing and voluntary, and he did not demonstrate prejudice from counsel's alleged errors. Claims not related to ineffective assistance were not c
-
The court held that the petitioner's objections to the magistrate judge's report and recommendation were overruled on the merits, and that the petitioner's claims of ineffective assistance of counsel failed to establish deficient performance or prejudice.
-
The court held that the petitioner's claims of ineffective assistance of counsel and an unintelligent guilty plea were without merit, and therefore denied his motion to vacate his sentence.
-
The court held that the petitioner's claims of ineffective assistance of counsel were without merit, as the record demonstrated his guilty plea was knowing and voluntary, and his counsel's performance did not fall below constitutional standards.
-
M.D. Fla.·
2019-11-15
Klatch, a repeat offender who committed wire fraud from 2014 to 2015, pleaded guilty and received a 115-month consecutive sentence but later challenged the conviction and sentence through a § 2255 motion, claiming ineffective assistance of counsel on various grounds including cou
-
707 F. Supp. 2d 1332·
S.D. Fla.·
2010-06-21
The court held that a claim of ineffective assistance of counsel based on failure to anticipate a change in law is not constitutionally deficient performance, and prejudice is not shown when the subsequent legal change does not apply to the defendant's case. The court also held t
-
2010 WL 2465426·
M.D. Fla.·
2010-06-17
The court held that accepting nolo contendere pleas from corporate defendants was appropriate and in the public interest, despite the government's general policy against such pleas.
-
657 F. Supp. 2d 1267·
N.D. Fla.·
2009-09-01
Statements made by a defendant to a government agent during a discussion that the defendant reasonably believed to be a plea negotiation are inadmissible under Federal Rule of Evidence 410, even if the agent lacked actual authority to negotiate a plea.
-
344 F. Supp. 2d 1378·
S.D. Fla.·
2004-11-08
The court held that the defendant's claims of ineffective assistance of counsel failed because she did not demonstrate prejudice, as she ultimately benefited from the plea agreement and her testimony regarding alleged misrepresentations was not credible.
-
57 F. Supp. 2d 1359·
M.D. Fla.·
1999-06-30
Defendant Aguilar-Espinosa sought to withdraw his guilty pleas to charges of possessing a machine gun under 26 U.S.C. § 5845(b) and 18 U.S.C. § 922(o), and possessing a firearm with an obliterated serial number under 18 U.S.C. § 922(k), arguing his plea was not knowing and volunt
-
999 F.2d 376·
9th Cir.·
1993-07-21
The court held that the defendant's waiver of his right to appeal was enforceable, and his claim of a Rule 11 violation was without merit.
-