No. 22-7076

Servando Pineda-Valdez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-03-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari
Key Terms:
HabeasCorpus
Latest Conference: 2023-04-21
Question Presented (AI Summary)

Whether Servando-Pineda's § 2255 motion sufficiently alleged constitutional claims violations due to counsel's ineffectiveness

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Should a writ of certiorari be granted since Servando-Pineda’s title 28 U.S.C. § 2255 motion sufficiently alleged constitutional claims violations due to counsel’s ineffectiveness by failing to review the case law, plea agreement, and discovery before filing a frivolous motion to withdraw Servando-Pineda’s guilty plea that caused Pineda-Valdez to lose his acceptance of responsibility resulting in an extended term of incarceration. H

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-29
Waiver of right of respondent United States to respond filed.
2023-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Servando Pineda-Valdez
Servando Pineda-Valdez — Petitioner
Servando Pineda-Valdez — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent