Christopher Erwin v. United States
HabeasCorpus JusticiabilityDoctri
Did the Circuit Court err in denying Petitioner's motion for ineffective-assistance-of-counsel without a hearing?
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