No. 22-6128

Christopher Erwin v. United States

Lower Court: Third Circuit
Docketed: 2022-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 circuit-split cooperation-agreement downward-departure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy section-2255-motion sentencing-guidelines statutory-maximum
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Did the Circuit Court err in denying Petitioner's motion for ineffective-assistance-of-counsel without a hearing?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Circuit Court err in affirming the district court’s decision to deny, without a hearing, Petitioner’s motion pursuant to 28 U.S.C. § 2255 based on ineffective assistance of counsel, despite the email from counsel to Petitioner, which corroborated Petitioner’s claim that counsel advised him that at “worst” he would be sentenced to 120 months, notwithstanding the statutory maximum of 240 months, and that any potential 5K downward departure that Petitioner earned by his cooperation would be applied from the Guideline offense level commensurate with the statutory maximum? 2. By holding that the plea colloquy, during which the district court never mentioned the existence of a cooperation agreement, conclusively refuted Petitioner’s claims such that a hearing was not required, did the Third Circuit split from other Circuits that require that district court allocute a defendant regarding a cooperation agreement during a plea colloquy? 2

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-11-30
Waiver of right of respondent United States of America to respond filed.
2022-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2022)
2022-10-11
Application (22A300) granted by Justice Alito extending the time to file until November 15, 2022.
2022-10-08
Application (22A300) to extend the time to file a petition for a writ of certiorari from October 16, 2022 to December 15, 2022, submitted to Justice Alito.

Attorneys

Christopher Erwin
Joseph Z. AmselLaw Offices of Joseph Z. Amsel, PLLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent