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806 F.2d 133·
7th Cir.·
1986-11-24
·cited 34×
The court held that the petitioner's claims of plea agreement breach, involuntary plea, and ineffective assistance of counsel were meritless and that the district court did not err in denying an evidentiary hearing.
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539 F.2d 721·
D.C. Cir.·
1976-04-14
·cited 26×
A defendant's guilty plea is void if not equally voluntary and knowing, requiring an evidentiary hearing when doubt arises about comprehension due to mental retardation.
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533 F.2d 900·
5th Cir.·
1976-06-09
·cited 23×
The court held that when a Section 2255 petition alleging coercion into a guilty plea is supported by credible third-party affidavits, an evidentiary hearing is required, even if the petitioner previously stated otherwise during a Rule 11 colloquy.
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852 F.2d 924·
7th Cir.·
1988-07-12
·cited 16×
A guilty plea is voluntary even if influenced by concern for a spouse's sentence, provided the prosecution of the third party is in good faith and the plea agreement is properly entered.
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875 F.2d 149·
7th Cir.·
1989-05-22
·cited 14×
A defendant's sentence is not rendered illegal by an error in the presentence report regarding the Parole Commission's likely actions, especially when the district court states it was not influenced by the error and the defendant failed to object to the report's inaccuracies at s
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966 F.2d 914·
5th Cir.·
1992-07-02
·cited 6×
A defendant's guilty plea waives all non-jurisdictional defects, including speedy trial claims, unless a conditional plea under Rule 11(a)(2) is properly entered and preserved.
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980 F.2d 582·
9th Cir.·
1992-11-25
·cited 4×
An express waiver of the right to appeal in a negotiated guilty plea is valid if knowingly and voluntarily made, and a Rule 11 colloquy or Rule 32(a)(2) notice is not a prerequisite to such a finding.
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696 F.2d 5·
1st Cir.·
1982-12-06
·cited 4×
The court held that the district court erred in failing to inform the defendant of the availability of appointed counsel if indigent, but disagreed on the remedy.
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992 F.2d 489·
4th Cir.·
1993-04-28
·cited 2×
A voluntary and intelligent guilty plea waives the right to challenge the conviction on grounds that an inoperable firearm is not a 'firearm' under 18 U.S.C. § 924(c)(1) or that the factual basis for the plea was insufficient.
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984 F.2d 618·
4th Cir.·
1993-01-26
·cited 2×
A district court is not required to conduct a second Rule 11 colloquy when a defendant equivocates about a guilty plea after the initial hearing; the decision to address such equivocation is within the court's discretion.
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454 F.2d 702·
7th Cir.·
1971-12-03
·cited 2×
The court held that the petitioner's guilty plea was entered knowingly and voluntarily, despite claims of drug influence, and that his counsel was effective.
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M.D. Fla.·
2025-03-17
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.
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S.D. Fla.·
2024-09-20
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.
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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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S.D. Fla.·
2022-12-27
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.
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M.D. Fla.·
2022-11-08
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
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S.D. Fla.·
2021-08-31
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.
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M.D. Fla.·
2020-07-13
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
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M.D. Fla.·
2020-06-23
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
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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.·
2020-06-02
The court held that a petitioner's claims of an involuntary guilty plea and ineffective assistance of counsel were without merit and procedurally defaulted.
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M.D. Fla.·
2020-05-18
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.
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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.·
2020-04-10
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.
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M.D. Fla.·
2020-03-19
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
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S.D. Fla.·
2020-03-04
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.
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M.D. Fla.·
2019-12-30
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.
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973 F.2d 261·
4th Cir.·
1992-08-14
The court held that a defendant asserting a Sixth Amendment conflict of interest claim is entitled to an evidentiary hearing if they allege facts which, if true, would entitle them to relief, and the record does not conclusively show they are not entitled to relief.