No. 20-5377

Brandon Ray Buckles v. United States

Lower Court: Ninth Circuit
Docketed: 2020-08-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: §-2255-motion 28-usc-2255 due-process evidentiary-hearing federal-prisoner fifth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel
Key Terms:
DueProcess HabeasCorpus Privacy Jurisdiction
Latest Conference: 2020-09-29
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2020-10-05
Petition DENIED.
2020-08-27
DISTRIBUTED for Conference of 9/29/2020.
2020-08-19
Waiver of right of respondent United States to respond filed.
2020-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2020)

Attorneys

Brandon Buckles
Stephen R. HormelHormel law Office, LLC, Petitioner
Stephen R. HormelHormel law Office, LLC, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent