Alejandro Quinones Leyva v. United States District Court for the District of South Carolina
SocialSecurity Securities Immigration
Whether the defendant received ineffective assistance of counsel due to counsel's failure to file a notice of appeal
QUESTION(S) PRESENTED ALEJANDRO QUINONES-LEYVA, being duly sworn deposes as true; 1I am the defendant herein, (2) In comection with pleading and sentencing I received ineffective assitance of counsel in the district court, and additionally defense counsel failed to fble a notice of appeal on my bahalf from this judgement of conviction, (3) As consequence I now move this honorable Supreme court house, to grant me this writ of Certirari, to dismiss my conviction and vacate my sentence without prejudice, on luly 5, 2016, I was. sentenced. to 96 months in prison, and 3, years of supervised release. At the conclusion of the sentencing proceeds I instructed my attorney to file a notice of appeal on my behalf., the attorney failed to do so., After I was sentenced I called my attorney on his office phone even on his ceel phone on multiple occasions from. jail, to again instruct the attorney to file a notice of appeal. to no avail., and then this attorney told me my sentence would be five (5) years, even though with the gun possession that gun was found in my house in the dresser drawere., The 6th. Amendment to the United States Constituiton provides for an Accused's right to counsel; "in all criminal prosecutions, the accudes shall enjoy the right...to have the assistance of counsel. for his defence." The right to such assistance in a criminal. prosecution means the right to assitance at every stage of the proceeidng., United States v. Harrison, 451 F .2d 1013 (2d Cir. 1971); Von :Moltke v. Gilles, 337 U.S. 708, 723-24 (1968). United States v. Plattner, 330 F .2d 271,.274 (2d. Cir. 2964). . It is whether the deficient performance of counsel prejudiced the defendant, Strickland v. Washington, 466 U.S. 668 (1984); Trial counsel must also inform a defendant about the strengths and weakness of the case against him, as well as the alternative sentence to which he most likely be exposed, Purdy v. U.S., 208 F.3d 41, 45 (2d. Cir. 2000); see also Model of Rules of professional. conduct Rule 1. 4(b) The lawyer Should; it has the attorney he has not disclose or showed ant documents of the case., as he stated on his other motions he has not any papers from his case, not at all., PLEA AND SENTENCING PROCEEDS: The U.S. Attorney, for the district of South Carolina, (The government.) Wrote up two (2) different drafts for a fonal plea agreement. to accept defendant guilty plea, one of the drafted plea agreemet including drug charged but the other didn't it included only firearm charges, defendant declined to signed the plea containing drug charges., because he wasn't involved with drug., intead he just take the plea agreement on the forearm charges., so he claim that, A sentence undoubtly, greatted than necessary., defendant, who doesn't Speak, read, or write English, was unable to file a pro-se Notice of appeal by him self., MASSACHUSETTS: COMMONTWEALTH V. STAINS, 806 N. E. 2d. 910 (MASS. 2004); ("[E]ffective, Assistance of Counsel includes conducting Adequate investigation.")); -3