Francisco Cubero v. United States
DueProcess HabeasCorpus JusticiabilityDoctri
Whether the district court's failure to correctly inform the defendant of the direct consequences of pleading guilty prejudiced the defendant
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