Brandon Ray Buckles v. United States
DueProcess HabeasCorpus Privacy Jurisdiction
Is a district court's summary denial of a federal prisoner's § 2255 motion without an evidentiary hearing improper when the prisoner alleges ineffective assistance of counsel for stipulating to an element without consent and failing to investigate a defense?
QUESTIONS PRESENTED FOR REVIEW 1. Is it improper for a district court to summarily deny a federal prisoner’s motion to vacate, set aside or correct a sentence pursuant to 28 U.S.C. § 2255 without an evidentiary hearing where the prisoner alleges trial counsel was ineffective by stipulating to essential element of the offense without the prisoner’s consent and without investigating a meritorious defense, thereby, depriving the prisoner Fifth and Sixth Amendment rights to a fair trial and to effective assistance of counsel? i