Stewart Bitman v. United States
DueProcess HabeasCorpus JusticiabilityDoctri
Whether the petitioner is actually innocent of the counts of conviction
QUESTION(S) PRESENTED oo 1. Whether the Petitioner is actually innocent of the counts of conviction whereas, although the Petitioner actually committed the acts stipulated . ‘in the written plea agreement, those facts were insufficient to sustain a conviction for violation of 18 U.S.C. § 2422(b), specifically, with ; respect to count 1, where Petitioner sent unsolicited images of himself . to a minor snapchat user, but did not entice her to reciprocate, and in the remaining counts, where Petitioner requested minor females to perform acts that, in and of themselves, were not illegal under Florida or Federal Statutes? : 2. Whether counsel rendered Constitutionally deficient assistance wherein : he recommended Petitioner enter into a plea agreement without first ‘ ensuring that counsel himself understood the laws his client was alleged to have violated and the relevant Guideline Provisions associated with those laws, resulting in 1) the erroneous advice that his client accept guilt for actions that were not violations of the charging statutes; and 2) the erroneous recommendation that entering into a plea agreement would : ; lower his client's recommended sentencing range under the guidelines?