No. 23-5671

Oscar Hernandez Maldonado v. United States

Lower Court: Fourth Circuit
Docketed: 2023-09-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure cultural-assimilation downward-departure expert-testimony ineffective-assistance-of-counsel presentence-report sentencing waiver-of-rights
Key Terms:
Privacy
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Whether the United States Court of Appeals properly affirmed the trial court's determination that the petitioner was not denied effective assistance of counsel

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the United States Court of Appeals properly affirmed the trial court's determination that the defendant was denied effective assistance of counsel when his counsel waived previous objections filed to the presentence report without the consent of the defendant and in asserting as a basis for a downward departure or variance the issue of cultural assimilation without securing the services of an expert in that area of the law or offering expert testimony in that regard. i

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-10-03
Waiver of right of respondent United States of America to respond filed.
2023-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2023)

Attorneys

Oscar Maldonado
Charles Robinson BrewerCharles R. Brewer, Attorney, Petitioner
Charles Robinson BrewerCharles R. Brewer, Attorney, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent