No. 18-7740

Esequiel Joel Rodriguez v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility certificate-of-appealability due-process government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2019-03-01
Question Presented (AI Summary)

Whether it was error to deny Rodriguez a Certificate of Appealability to pursue his Sixth Amendment claim on appeal

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether It Was Error to deny Rcdriguez A Certificate of Appealability, to Pursue His Sixth Amendment Claim on Appeal, Where He Demonstrated Ineffective Assistance cf Counsel When His Attorney Failed to Object to The Government's Breach of the Plea Agreement in Failing to Recommend a Reduction of the Offense Level. Based Upon Acceptance cf Responsibility? _ 2. Whether It Was Error.to Deny Rodriguez a Certificate of Appealability, to Pursue His Sixth Amendment Claim on Appeal, Where He Demonstrated Ineffective Assistance of Counsel When His Attorney Failed to Object to the Government's Breach of the Pleas Agreement in Failing to Ojbect or Challenge the Government's Use of Proffered Information to Obtain the Superceding Indictment. 3. Whether It Was Error to Deny Rodriguez a Certificate of Appealability, to Pursue His Sixth Amendment Claim on Appeal, Where He Demonstrated Ineffective Assistance of Counsel When His Attorney Failed to Object to the Government's Breach of the Proffer and Plea Agreement, in Failing to Object or Challenge the Government's Use of Proffered Information to Enhance or Increase Rodriguez's Sentence. 4. Whether Rodriguez Was Deprived of His Statutory Right to Appeal, Deprived of Due Process of Law Under the Fifth Amendment of the Cosnttitution, and Deprived of His Opportunity to Submit a Merits Brief, Where the Fifth circuit court of Appeals Failed to Accept Appellant's Application for A Certificat of Appealability and Failed to Answer Appellant's Request for Permission to File an Oversized Brief, and Failed to Address any of Appellant's Claims from Case Number 5:13-CR-701-OLG?

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-08
Waiver of right of respondent United States to respond filed.
2019-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2019)

Attorneys

Esiquiel Joel Rodriguez
Esequiel Joel Rodriguez — Petitioner
Esequiel Joel Rodriguez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent