No. 19-7825

Gustavo Gonzalez v. United States

Lower Court: Fifth Circuit
Docketed: 2020-02-28
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: criminal-defense elements-of-offense ineffective-assistance ineffective-assistance-of-counsel lafler-test lafler-v-cooper legally-nonexistent-defense plea-bargaining prejudice-analysis strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus Immigration JusticiabilityDoctri
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (AI Summary)

How should a court apply the 'reasonable probability' test for prejudice under Strickland v. Washington and Lafler v. Cooper to a defendant who rejects a plea agreement and chooses to go to trial based on his counsel's incorrect advice about the elements of the offense and presents a legally nonexistent defense based on that advice and an alternative complementary defense?

Question Presented (OCR Extract)

QUESTIONS PRESENTED L How should a court apply the “reasonable probability” test for prejudice under Strickland v. Washington, 466 U.S. 668 (1984), and Lafler v. Cooper, 566 U.S. 156 (2012), to a defendant who rejects a plea agreement and chooses to go to trial based on his counsel’s incorrect advice about the elements of the offense and presents a legally nonexistent defense based on that advice and an alternative complementary defense? Il. Is this Court’s test for prejudice under Lafler v. Cooper, 566 U.S. 156 (2012), satisfied when a defendant rejects a plea agreement and chooses to go to trial based on his counsel’s incorrect advice about the elements of the offense and presents a legally nonexistent defense based on that advice and an alternative complementary defense? i

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-04
Reply of petitioner Gustavo Gonzalez filed.
2020-07-24
Brief of respondent United States of America in opposition filed.
2020-06-11
Motion to extend the time to file a response is granted and the time is further extended to and including July 24, 2020.
2020-06-10
Motion to extend the time to file a response from June 19, 2020 to July 24, 2020, submitted to The Clerk.
2020-04-24
Motion to extend the time to file a response is granted and the time is further extended to and including June 19, 2020.
2020-04-23
Motion to extend the time to file a response from May 20, 2020 to June 19, 2020, submitted to The Clerk.
2020-04-20
Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2020.
2020-04-17
Motion to extend the time to file a response from April 20, 2020 to May 20, 2020, submitted to The Clerk.
2020-03-19
Response Requested. (Due April 20, 2020)
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-05
Waiver of right of respondent United States of America to respond filed.
2020-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020)

Attorneys

Gustavo Gonzalez
H. Michael SokolowFederal Public Defender, Petitioner
H. Michael SokolowFederal Public Defender, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent