Anibal Del Valle-Hiraldo v. United States
DueProcess HabeasCorpus
Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crime may have been improper
QUESTION(S) PRESENTED . 7 . Whether an attorney's advice toa defendant to plead guilty to aiding and ~ abetting the carry, use and possession of a firearm in furtherance of a crime, , ; " «when the defendant has plead guilty--to. drug conspiracy charges, and assuming | counsel knew that the defendant was unarmed and had no way of knowing if the ; oo , daily drugs buyers possessed a firearm, may have been ‘improper based upon : : : : this. Honorable Court's. decision an Justus C. Rosemond, 572°-U.S. 65, 134°S.Ct. : os , 1200 ; 188 L.Bde 2d .248 U.S. LEXIS (2009); and whether such advice constituted 7 ineffective assistance of counsel, under Washington v. Strickland » 466 U.S. on 608 (1989), and Hill v. Lockhart, 474 U.S. 52, 106, 306 (1985). TE either . . question can be answered -in the affirmative, the Gireui t Court's denial of a , : , Certificate ‘of ‘Appealability may constitute a violation of: the Fifth OS an . Ariendment 's due process clause and the Sixth Amendment's right to effective : Oe assistance of counsel. mo i : oo. an a