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M.D. Fla.·
2025-08-15
The court held that the petitioner's claims of ineffective assistance of counsel regarding his guilty plea and sentencing were without merit and denied his motion to vacate his conviction.
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M.D. Fla.·
2025-06-04
The court held that the plaintiff's motion to vacate his conviction was untimely and that his double jeopardy claim was meritless, thus denying the motion.
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S.D. Fla.·
2025-06-02
The court held that the defendant's jurisdictional argument is frivolous, but the motion cannot be denied without proper notice and opportunity to amend under Castro v. United States.
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M.D. Fla.·
2025-03-31
The court held that the defendant's claims of ineffective assistance of counsel, Giglio error, and erroneous sentencing enhancement were meritless and denied his motion to vacate.
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M.D. Fla.·
2025-03-04
The court granted in part and denied in part the petitioner's motion for discovery in his § 2255 action.
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M.D. Fla.·
2025-02-24
The court held that the prisoner's claims of ineffective assistance of counsel lacked merit because counsel's actions were reasonable and the prisoner could not demonstrate prejudice.
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M.D. Fla.·
2025-01-08
A defendant's sworn statements during a guilty plea colloquy create a strong presumption of voluntariness, and unsubstantiated claims contradicted by the record are insufficient to vacate the conviction.
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M.D. Fla.·
2024-10-04
The court held that Florida aggravated assault convictions categorically qualify as violent felonies under the ACCA, and thus the district court had jurisdiction to impose the enhanced sentence.
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M.D. Fla.·
2024-09-16
The court held that the petitioner's claims were procedurally barred, lacked merit, and were untimely, denying relief on all grounds.
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M.D. Fla.·
2024-08-30
The court held that the defendant's motion to vacate his conviction was untimely and therefore dismissed.
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M.D. Fla.·
2024-08-19
The court held that the petitioner must show cause for the untimeliness of his § 2255 motion, as the delay between signing and court receipt raises questions about the prison mailbox rule's applicability.
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M.D. Fla.·
2024-07-01
A violation of 18 U.S.C. § 111(b) qualifies as a crime of violence, supporting a conviction under 18 U.S.C. § 924(c)(1).
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M.D. Fla.·
2024-06-20
The court held that the petitioner's claims of ineffective assistance of counsel are meritless and procedurally barred, and his motion to amend is untimely.
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M.D. Fla.·
2024-05-20
The court held that a defendant's sworn statements at a plea hearing create a strong presumption of truth, barring collateral attack based on claims contradicted by those statements.
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M.D. Fla.·
2024-04-26
The court held that the defendant's motion to vacate his conviction was untimely under 28 U.S.C. § 2255(f)(1) and (f)(4), and therefore granted the government's motion to dismiss.
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M.D. Fla.·
2024-04-26
The court held that a motion to vacate a conviction under 28 U.S.C. § 2255, based on a challenge to the constitutionality of 18 U.S.C. § 922(g)(1), is time-barred by the one-year statute of limitations, even if framed as a jurisdictional challenge.
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M.D. Fla.·
2024-04-26
The court held that the petitioner's claim of an involuntary plea based on Rehaif v. United States was procedurally defaulted and could not be excused by cause and prejudice or actual innocence.
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M.D. Fla.·
2024-03-20
The court held that the prisoner's claims lacked merit and were procedurally defaulted, denying his motion to vacate his conviction and sentence.
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M.D. Fla.·
2024-01-31
A guilty plea waives non-jurisdictional defects, and the conviction for felon in possession of a firearm is constitutionally permissible.
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M.D. Fla.·
2023-12-19
The court held that the petitioner's claims were untimely under the AEDPA statute of limitations and also lacked merit, therefore his motion to vacate his conviction and sentence was denied.
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M.D. Fla.·
2023-12-14
The court held that a conviction for possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1) remains constitutional after the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen.
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M.D. Fla.·
2023-12-14
The court held that the defendant's claims regarding the indictment's sufficiency, the district court's jurisdiction, and his sentence are meritless and not cognizable under 28 U.S.C. § 2255.
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M.D. Fla.·
2023-11-20
The court held that the petitioner's motion to vacate his conviction was untimely because it was filed more than one year after his conviction became final and the cited Supreme Court precedent did not apply retroactively to restart the limitations period.
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S.D. Fla.·
2023-11-09
The court denied the motion to vacate, finding all claims meritless and unsupported by the record.
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S.D. Fla.·
2023-10-26
Defense counsel's failure to adequately consult with a defendant about the advantages and disadvantages of an appeal, after the defendant expressed dissatisfaction with his sentence, constitutes ineffective assistance of counsel, entitling the defendant to an out-of-time appeal.
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M.D. Fla.·
2023-10-17
The court held that the petitioner's motion to vacate his conviction was untimely and dismissed it because he failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2023-10-12
The court granted the motion to vacate solely to allow an out-of-time appeal, finding that an evidentiary hearing was necessary to resolve conflicting claims about whether counsel was directed to appeal.
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M.D. Fla.·
2023-09-19
The court held that the defendant's claims of ineffective assistance of counsel and challenges to jurisdiction lacked merit and were procedurally barred.
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M.D. Fla.·
2023-09-11
The district court lacks jurisdiction to consider a § 2255 motion when a direct appeal is pending.
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M.D. Fla.·
2023-09-05
The court held that the defendant's claims of Brady violations, prosecutorial misconduct, and ineffective assistance of counsel were procedurally defaulted and lacked merit.
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Fla. 3d DCA·
2023-08-23
The appellate court affirmed a lower court's decision, holding that a circuit court retained jurisdiction to revoke probation and impose a sentence even after the underlying crime was reclassified from a felony to a misdemeanor. The court reasoned that the jurisdiction to enforce
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M.D. Fla.·
2023-07-21
A voluntary and counseled guilty plea waives all non-jurisdictional defects that occurred prior to the plea, including claims of ineffective assistance of counsel related to pre-plea events.
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M.D. Fla.·
2023-07-13
The court held that the motion to vacate was untimely and that the movant failed to make a substantial showing of the denial of a constitutional right, thus denying a certificate of appealability.
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M.D. Fla.·
2023-06-09
The court held that the petitioner procedurally defaulted his claims and failed to establish cause and prejudice or actual innocence to overcome the default.
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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.·
2023-03-17
The court held that the petitioner's prior state drug convictions qualified as 'serious drug offenses' under the ACCA, and counsel was not ineffective for failing to challenge this classification. The court also found the indictment sufficiently stated the offense.
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M.D. Fla.·
2023-02-23
The court held that the defendant's motion to vacate his conviction and sentence under 28 U.S.C. § 2255 was denied because his counsel was not ineffective and the district court had jurisdiction. The court also denied a certificate of appealability.
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S.D. Fla.·
2023-02-16
The court held that 18 U.S.C. § 924(c) remains constitutional as applied to individuals possessing firearms in furtherance of drug trafficking crimes, even after the Supreme Court's decision in Bruen.
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M.D. Fla.·
2023-02-16
The court held that the defendant's motion to vacate his conviction was time-barred because it was filed outside the one-year limitation period and did not qualify for any exceptions.
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M.D. Fla.·
2022-12-20
The court held that the defendant's motion to vacate his conviction for brandishing a firearm during a crime of violence lacked merit because his conviction for Hobbs Act robbery is still considered a crime of violence under the applicable precedent.
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M.D. Fla.·
2022-12-12
The court denied all of Petitioner's post-conviction motions, finding none merited relief and denying a certificate of appealability for any future appeal.
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M.D. Fla.·
2022-12-05
The court held that the defendant's claims of ineffective assistance of counsel and jurisdictional challenges were procedurally barred or lacked merit, and therefore denied his motion to vacate his conviction and sentence.
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M.D. Fla.·
2022-11-30
The court held that the petitioner's claim under Davis v. United States was procedurally defaulted and lacked merit, as the predicate offense for his firearm conviction was a drug trafficking crime, not a crime of violence implicated by Davis.
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M.D. Fla.·
2022-11-17
The court held that the defendant's claims of ineffective assistance of counsel and lack of jurisdiction lacked merit, and therefore denied his motion to vacate his conviction and sentence.
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M.D. Fla.·
2022-09-28
The court held that the movant's claims of ineffective assistance of counsel and reliance on illegally obtained evidence lack merit and are procedurally barred or contradicted by the record.
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M.D. Fla.·
2022-09-22
The court held that the defendant's claims of ineffective assistance of counsel and unconstitutional convictions lacked merit and were therefore denied.
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S.D. Fla.·
2022-05-24
The court held that the movant's claims lacked merit because the evidence showed he had advance knowledge that his codefendant would brandish a firearm, and therefore, his conviction and sentence were not subject to vacatur, nor was counsel ineffective.
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M.D. Fla.·
2021-11-17
The court denied the petitioner's motion for reconsideration, finding no newly discovered evidence or manifest error of law or fact that would warrant relief.
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M.D. Fla.·
2020-07-17
The district court dismissed a second or successive motion to vacate under 28 U.S.C. § 2255 for lack of jurisdiction because the movant failed to obtain prior authorization from the Eleventh Circuit Court of Appeals.
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Fla. 3d DCA·
2020-07-15
The appellate court affirmed the denial of a motion to vacate a conviction for DUI manslaughter. The court deferred to the trial court's factual findings, which were supported by evidence, and found no deficiency in counsel's performance.