No. 22-5103

Chico Jermell Carraway v. United States

Lower Court: Third Circuit
Docketed: 2022-07-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion 28-usc-2255 evidentiary-hearing ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 rule-11-procedure sentencing sentencing-hearing
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a defendant is entitled to an evidentiary hearing under 28 U.S.C. § 2255(b) to prove prejudice from an unkept promise of counsel concerning sentencing, even though the defendant acknowledged an accurate sentencing exposure in the plea agreement and at the Rule 11 hearing

Question Presented (OCR Extract)

QUESTION PRESENTED When a defendant alleges with supporting evidence that he pleaded guilty based on an unkept promise of counsel concerning sentencing, is he entitled to an evidentiary hearing under 28 U.S.C. § 2255(b), on an claim, to prove prejudice, even though the defendant acknowledged an _ accurate sentencing exposure in his plea agreement and at the Rule 11 hearing?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-18
Waiver of right of respondent United States to respond filed.
2022-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2022)

Attorneys

Chico Jermell Carraway
K. Wesley MishoeTucker Arensberg, P.C., Petitioner
K. Wesley MishoeTucker Arensberg, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent