No. 19-6638

Yannier Arias v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether conflicting affidavits require an evidentiary hearing for ineffective-assistance-of-counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : 1. Whether conflicting affidavits require an evidentiary : : hearing for ineffective assistance of counsel. : 2. Counsel was ineffective for not objecting to a 2 level , enhancement for fleeing and eluding which was an improper e argument by the Government at-trial and the P.S.I. at sentencing. , 3. Counsel was ineffective at sentencing for raising an acceptance of responsibility when Petitioner proceeded ; to trial. : : 4. Counsel was ineffective for promising Petitioner an ; ‘ additional 12 month sentence if he rejected 36 month capped plea agreement by proceeding trial. ; :

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-26
Waiver of right of respondent United States to respond filed.
2019-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2019)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Yannier Arias
Yannier Arias — Petitioner
Yannier Arias — Petitioner