Oscar Armando Avila-Jaimes v. United States
HabeasCorpus JusticiabilityDoctri
Should a writ of certiorari be granted since the Fifth Circuit's decision in not remanding to the lower court was contrary to precedent of this court which required an evidentiary hearing according to Title 28 U.S.C. § 2255
QUESTIONS PRESENTED FOR REVIEW 1. Should a writ of certiorari be granted since the Fifth Circuit’s decision in not remanding to the lower court was contrary to precedent of this court which required an evidentiary hearing according to Title 28 U.S.C. § 2255. 2. Should a writ of certiorari be granted to determine if an audio recording that is not part of the court file from a District Court’s Magistrate hearing suffice to support this court’s standard in Strickland v. Washington, 466 U.S. 668 (1984) or is more needed on the record. 3. Does an attorney’s lies to the court during change of plea hearing, that are not part of the court file, per-se, be relied upon by to support a Strickland v. Washington, 466 U.S. 668 (1984) decision or is more needed on the record. 4. In light of this Court’s decision in Andrus v. Texas, 140 S. Ct. 1875 (2020), did counsel fail to prepare for Avila-James sentencing hearing. ii