No. 18-5149

Francisco Cubero v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-07-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability collateral-relief collateral-review conflicting-results due-process plea-hearing procedural-default sentencing supervised-release supervised-release-term
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the district court's failure to correctly inform the defendant of the direct consequences of pleading guilty prejudiced the defendant

Question Presented (OCR Extract)

Question Presented I. During Francisco Cubero’s plea hearing, the magistrate judge told him that his supervised-release term could not exceed five years but, at sentencing, the court imposed supervised release for life. The district court denied collateral relief and the Eleventh Circuit, in conflict with other courts of appeals, denied a certificate of appealability. Did the circuit court err in denying Mr. Cubero an appeal given that other courts have decided similar cases on the merits with conflicting results? Il. Acollateral challenge to the validity of a guilty plea is generally “procedurally defaulted” unless it was raised on direct appeal unless the plea was unknowing or involuntary. Francisco Cubero argued in his § 2255 motion that his plea was unknowing because the district court misled him about the consequences of pleading guilty. Did the court of appeals err in holding that Mr. Cubero procedurally defaulted his due-process claim by not raising it on direct appeal? ii Interested Parties There are no

Docket Entries

2018-10-01
Petition DENIED.
2018-07-26
DISTRIBUTED for Conference of 9/24/2018.
2018-07-17
Waiver of right of respondent United States to respond filed.
2018-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Francisco Cubero
Ricardo J. BascuasUniversity of Miami School of Law, Petitioner
Ricardo J. BascuasUniversity of Miami School of Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent