No. 19-5874

David Kirkland v. United States

Lower Court: Third Circuit
Docketed: 2019-09-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the petitioner's attorney was ineffective for withholding information

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 4 RE 1. Whether the petitioner's attorney was ineffective for withholding information . _ ; * that cost defendant a three point sentencing reduction for acceptance of :. . responsibly by advising the petitioner to vacate a favorable plea agreement . th ie of (77-96) months and proceed to trial resulting in a sentence of (216) ae months , can" jurist debate "that the petitioner has established ‘prejudice Bs Ee ’ under Strickland's second prong ? ; ‘ 2. Whether the United States Court of Appeals for the " Sixth Circuit " ruled where an inmate alleged that his attorney's ineffective assistance costhim , & : a three point sentencing reduction for acceptance of responsibility, a district =! ee court abused its discretion by declining to hold an evidentiary hearing , Hg Es can the same procedural ruling apply to the petitioners underlying constitutional = claims in the United States Court of Appeals for the Third Circuit ? : rae y a

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-16
Waiver of right of respondent United States to respond filed.
2019-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2019)

Attorneys

David Kirkland
David Kirkland — Petitioner
David Kirkland — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent