No. 21-5727

Frank Cisneros v. United States

Lower Court: Sixth Circuit
Docketed: 2021-09-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy criminal-defense criminal-procedure federal-law ineffective-assistance plea-bargaining sentencing-enhancement statute-of-limitations withdrawal
Key Terms:
HabeasCorpus
Latest Conference: 2021-10-15
Question Presented (AI Summary)

Whether an attorney's admitted failure to investigate or present a defendant's affirmative withdrawal from a conspiracy beyond the applicable statute of limitations period as a defense, with no other strategic decision but to. plead guilty, is unreasonable or in conflict with established federal law?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) Whether an attorney's admitted failure to investigate or present a defendant's affirmative withdrawal from a conspiracy beyond the applicable statute of limitations period as a defense, with no other strategic decision but to. plead guilty, is unreasonable or in conflict with established federal law? | (2) Whether an enhancement of a defendant's sentence is based upon | conduct prior to a withdrawal and the statute of limitations period, and results in an additional amount of time in prison, is unreasonable or in conflict with federal law? (3) Whether the courts' denials of an affirmative withdrawal from a conspiracy as a viable defense, after they conceded that withdrawal occurred beyond the applicable statute of limitations period, is unreasonable or conflicts with clearly established federal law? | | | . |

Docket Entries

2021-10-18
Petition DENIED.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-24
Waiver of right of respondent United States to respond filed.
2021-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)

Attorneys

Frank Cisneros
Frank Cisneros — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent