SocialSecurity Securities Immigration
whether-petitioner's-guilty-plea-was-involuntary
QUESTION(S) PRESENTED 1. Whether the United States Court of Appeals for the Second Circuit committed reversible error by denying Petitioner's timely filed Petition for Rehearing with Suggestion for En Banc Perview, by affirming the United States District Court's denial of Petitioner's Motion to Withdraw His Guilty Plea and/or failure to conduct an Curcio Evidentiary Hearing, in light of the evidence presented that established that: Petitioner's former attorney Randy Scott Zelin had a per se conflict of interest which barred him from representing Petitioner prior to, during, and after the plea stage of the case(s) at issue, Zelin provided ineffective assistance of Counsel to Petitioner and that as a result Petitioner's Guilty Plea was rendered involuntary and unknowing? 2. Whether the Court of Appeals and the District Court incorrectly concluded that Petitioner's guilty plea was not rendered involuntary or unknowing and that Petitioner failed to raise a significant question of same before the district judge? 3. Whether Attorney Zelin's actual and/or per se conflict of interest rendered Petitioner's guilty plea involuntary and unknowing? 4. Whether Attorney Zelin's ineffective assistance of counsel did affect Petitioner's decision to plead guilty and thus rendered Lisi's guilty plea involuntary and unknowing? ; 5. Whether the Government breached the Plea Agreement and welched on its promise? 6. Whether Petitioner is entitled to relief and/or specific performance under Lafler v. Cooper, 566 U.S. 156, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012) and/or Missouri v. Frye, 566U.S.__—, __,: 132 S.Ct. 1399, 182 L.Ed. 2d iv ‘ & 379 (2012). 7. Whether Petitioner's Sentence was disproportionate from that of every other similarly situated Defendant and was unreasonable? 8. Whether any alleged Appellate Waiver bars Petitioner's sentencing challenge? v