No. 19-7352

Alfredo Godoy-Machuca v. United States

Lower Court: Ninth Circuit
Docketed: 2020-01-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea
Key Terms:
DueProcess Immigration JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the Ninth Circuit Court of Appeals erred in concluding that material affirmative misdavice given by defense counsel regarding collateral consequences of a conviction cannot undermine the voluntary and knowing nature of an appeal waiver or constitute prejudicial ineffective assistance of counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED A. Whether the Ninth Circuit Court of Appeals erred in, at least implicitly, concluding that material affirmative misdavice given by defense counsel to his client regarding the collateral consequences of a conviction arising out of a plea agreement can not undermine the voluntary and knowing nature of an appeal waiver or constitute prejudicial ineffective assistance of counsel.

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-28
Waiver of right of respondent United States to respond filed.
2020-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 20, 2020)

Attorneys

Alfredo Godoy-Machuca
Michael J. Bresnehan — Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent