No. 19-5505

Jose Hernandez-Carbajal v. United States

Lower Court: Fourth Circuit
Docketed: 2019-08-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Whether Petitioner’s Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated in the Follow? a) When Counsel Failed to file a Notice of Appeal. b) Failing to Object the PSR under 2L1.2(b)(1). c) Misadvising Petitioner that: if he Plea Guilty at arraignment, he would receive the benefit of the “Fast Track program.” d) Failing to Challenge Petitioner’s Sentence based on the unwarranted Il. . Whether the District Court Failed to Grant The Petitioner An Evidentiary Hearing For The Development of Revelant Facts Relating To Petitioner’s Sixth Amendment Of Law Violation Claims?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-15
Waiver of right of respondent United States to respond filed.
2019-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

Jose Hernandez-Carbajal
Jose Hernandez-Carbajal — Petitioner
Jose Hernandez-Carbajal — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent