Yannier Arias v. United States
DueProcess HabeasCorpus
Whether conflicting affidavits require an evidentiary hearing for ineffective-assistance-of-counsel
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. ; :