No. 20-133

Joseph Michael Diaz v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-08-07
Status: Denied
Type: Paid
Response Waived
Tags: child-pornography criminal-appeal eleventh-circuit evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal relevant-conduct sentencing-guidelines sexual-contact
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals erred in holding that counsel was not ineffective assistance

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the Eleventh Circuit Court of Appeals erred in holding that counsel was not ineffective assistance for failing to object to the application of a USSG Guideline provision for “sexual contact” where the counts of conviction and relevant conduct as defined by the United States Sentencing Guidelines did not involve “sexual contact,” and where the error effectively turned a 30 year sentence of imprisonment into a 60 year sentence of imprisonment. Whether the Eleventh Circuit Court of Appeals erred in denying the Petitioner an evidentiary hearing on his claim of ineffective assistance of counsel where counsel failed to file a notice of appeal and failed to provide meaningful consultation regarding an appeal, and where all of the attendant circumstances indicated that the Petitioner wished to appeal his sentence. i

Docket Entries

2020-10-05
Petition DENIED.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-08-13
Waiver of right of respondent United States to respond filed.
2020-07-31
Petition for a writ of certiorari filed. (Response due September 8, 2020)

Attorneys

Joseph Michael Diaz
Adam Netel BleierSherick & Bleier, PLLC, Petitioner
Adam Netel BleierSherick & Bleier, PLLC, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent