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M.D. Fla.·
2023-04-17
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
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M.D. Fla.·
2022-04-14
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.
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M.D. Fla.·
2022-04-06
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.
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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
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M.D. Fla.·
2020-06-04
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.
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M.D. Fla.·
2020-05-08
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.
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M.D. Fla.·
2020-02-14
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.
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988 F.2d 280·
1st Cir.·
1993-03-16
The court held that the district court's failure to inform the defendant of the possibility of restitution at the plea hearing constituted plain error, but was harmless to the extent of $21,000, the maximum fine previously disclosed.
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983 F.2d 625·
5th Cir.·
1993-02-02
The court held that a district court's misstatement regarding the term of supervised release constitutes harmless error if it does not materially influence the defendant's decision to plead guilty. The court also modified the sentence to conform to statutory requirements for supe
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977 F.2d 866·
4th Cir.·
1992-10-07
The court held that the search warrant was validly issued, the district court did not err in attributing 67 grams of cocaine base as relevant conduct for sentencing, and the defendant was not entitled to pre-trial disclosure of sentencing guideline information.
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976 F.2d 300·
6th Cir.·
1992-09-29
A defendant's misunderstanding based on his lawyer's incorrect advice, despite the judge's clear warnings about sentencing discretion and plea withdrawal, does not entitle him to withdraw his guilty plea.
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967 F.2d 17·
1st Cir.·
1992-06-18
The court held that a defendant may collaterally attack prior convictions during a federal sentencing proceeding, and that the district court erred in not allowing such an attack. The court also held that the defendant's reasons for withdrawing his guilty plea were not sufficient
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933 F.2d 86·
1st Cir.·
1991-05-17
The court held that stipulations admitting proposed evidence but leaving veracity determinations to the court do not require the full procedural protections of Lyons or Rule 11.
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422 F.2d 348·
10th Cir.·
1970-03-12
The court held that the district court erred in summarily denying relief on claims of inadequate representation and violations of Rule 11 and 32(c)(1), remanding for an evidentiary hearing on certain aspects.
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394 F.2d 149·
1st Cir.·
1968-05-08
The court held that a prior finding of noncompliance with Rule 11 does not automatically entitle a petitioner to post-conviction relief if the government can show the plea was voluntary and understanding.