No. 21-750

Jasper Knabb v. United States

Lower Court: Ninth Circuit
Docketed: 2021-11-19
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2255 criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing sentencing-guidelines
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether petitioner received ineffective assistance of counsel

Question Presented (OCR Extract)

QUESTION PRESENTED Where 28 U.S.C. § 2255 requires a prompt hearing unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, was it error to deny any hearing on the following issue: Whether, as petitioner asserted in an uncontested declaration, he would have rejected a plea deal and gone to trial if he had known that the judge would sentence him to 21 years and 1 month but where, before he accepted the plea deal and pleaded guilty, defense counsel predicted that if he pleaded guilty petitioner “would likely do only months of time,” and where the plea agreement stated an agreed-upon guideline range of 63 to 78 months (level 26).

Docket Entries

2022-01-10
Petition DENIED.
2021-12-08
DISTRIBUTED for Conference of 1/7/2022.
2021-12-01
Waiver of right of respondent United States of America to respond filed.
2021-11-17
Petition for a writ of certiorari filed. (Response due December 20, 2021)

Attorneys

Jasper Knabb
John J. E. Markham IIMarkham Read Zerner LLC, Petitioner
John J. E. Markham IIMarkham Read Zerner LLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent