No. 23-5205

Steven Lesane v. United States

Lower Court: Second Circuit
Docketed: 2023-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the District Court abused its discretion in denying appellant's motion to withdraw guilty plea

Question Presented (from Petition)

QUESTION(S) PRESENTED I. Whether the District Court abused its discretion when it denied appellant's motion to withdraw his guilty plea ; where 1) there was an insufficient factual basis for ‘ the plea, 2) counsel was ineffective for failing to ¥ properly advise appellant concerning whether there was a | factual basis for the plea and certain enhancements, 3) the Superseding Information was defective because it referenced an amended version of the statute and 4) appellant was suffering from an illness that affected his judgment? Il. Whether the Circuit Court abused its discretion when it ~ denied the Pro Se Motion for Rehearing or Rehearing En Banc for the prior opinion not reviewing the denial of an evidentiary hearing and issues that fall within the scope of U.S. vs Cramer?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-31
Waiver of right of respondent United States to respond filed.
2023-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2023)

Attorneys

Steven Lesane
Steven Lesane — Petitioner
Steven Lesane — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent