No. 19-130

In Re Randolph George

Lower Court: N/A
Docketed: 2019-07-26
Status: Denied
Type: Paid
Response Waived
Tags: coram-nobis costs-of-imprisonment custody due-process habeas-corpus habeas-corpus-2255 ineffective-assistance ineffective-assistance-of-counsel restitution section-2255 sentencing writ-of-error-coram-nobis writ-of-mandamus
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a petitioner can challenge a restitution order or order imposing costs of imprisonment based on an ineffective assistance of counsel claim in a 28 U.S.C. § 2255 petition where the petitioner is not seeking release from custody

Question Presented (OCR Extract)

QUESTION PRESENTED In light of the fact that the First, Fifth, Sixth, Seventh, Ninth, and Eleventh Circuits disagree on the question whether in a 28 U.S.C. § 2255 petition a petitioner can challenge a restitution order or order imposing costs of imprisonment based on a meritorious ineffective assistance of counsel [IAC] claim where such a challenge does not claim a right to be released from custody, And in light of the fact that it has been long held (Townsend v. Sain, 372 U.S. 293 (1963)) that “Where newly discovered evidence is alleged in a habeas application, evidence which could not reasonably have been presented to the state trier of facts [because of IAC], the federal court must grant an evidentiary hearing,” THE QUESTION PRESENTED HERE Is: Whether in a case like this one, where the petitioner was procedurally forced into filing an error coram nobis proceeding and denied the opportunity to file a petition under 28 U.S.C. § 2255 to vacate his sentence, claiming that his counsel was ineffective at trial and at sentencing, and where his petition was denied on the grounds that Section 2255 relief was unavailable because he had finished his sentence on his conviction and was no longer in custody, is it error for the court to deny his petition for writ of error coram nobis, seeking to vacate his convictions?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-21
DISTRIBUTED for Conference of 10/1/2019.
2019-08-15
Waiver of right of respondent United States to respond filed.
2019-06-28
Petition for a writ of mandamus filed. (Response due August 26, 2019)

Attorneys

Randolph George
Corey Evan ParkerThe Law Office of Corey Evan Parker, PC, Petitioner
Corey Evan ParkerThe Law Office of Corey Evan Parker, PC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent