No. 18-9529

Anibal Del Valle-Hiraldo v. United States

Lower Court: First Circuit
Docketed: 2019-06-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 6th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining rosemond-v-united-states sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

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 Presented (from Petition)

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

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-13
Waiver of right of respondent United States to respond filed.
2019-05-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2019)

Attorneys

Anibal Del Valle-Hiraldo
Anibal Del Valle-Hiraldo — Petitioner
Anibal Del Valle-Hiraldo — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent