No. 19-8098

Juan Carlos Rodriguez v. United States

Lower Court: Ninth Circuit
Docketed: 2020-03-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: concurrent-sentences due-process evidentiary-hearing guilty-plea ineffective-assistance motion-to-vacate plea-bargaining sentencing sentencing-consequences
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?

Question Presented (OCR Extract)

QUESTION PRESENTED . This case concerns petitioner’s claim that he was misled concerning the sentencing consequences of his guilty plea to a conspiracy charge. The question presented is, was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea when (1) his plea agreement stated that his federal sentence could run concurrently with the “undischarged” portion of his state sentence (2) his counsel told him that the sentences would run concurrently and, at that time, petitioner had served about 15 months of his 56 month state sentence (3) the only credit he received against his federal sentence was 63 days?

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-30
Waiver of right of respondent United States to respond filed.
2020-03-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 23, 2020)

Attorneys

Juan Rodriguez
Stephanie AdraktasLaw Office of Stephanie Ardraktas, Petitioner
Stephanie AdraktasLaw Office of Stephanie Ardraktas, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent