No. 24-5405

Michael Edwin Harding v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-08-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process ineffective-assistance plea-bargaining prejudice-standard sentencing-guidelines
Key Terms:
HabeasCorpus Immigration
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether the district court applied the incorrect prejudice standard in denying relief for ineffective assistance of counsel based on erroneous advice and misrepresentations that led to a no contest plea and life sentence

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; IL Whether contrary to Lee v. United States, 137 S.Ct. 1958 (2017), the district court applied the incorrect prejudice standard to support its decision to deny Mr. Harding’s claim for relief predicated on his counsel’s ineffective assistance arising from counsel’s erroneous advice, affirmative misrepresentations, false assurances, and concealment of material facts regarding Mr. Harding’s sentencing exposure that ultimately convinced him to forfeit his right to go to trial and to instead plead no contest to the attempted enticement charge that resulted in the imposition of a life sentence. IL. Whether defense counsel provided ineffective assistance by advising Mr. Harding to enter pleas of guilty and no contest to the charges in the second superseding indictment where counsel, the government, and the court agreed during a status conference at which Mr. Harding was not present that his guidelines, even after a plea and a reduction for acceptance of responsibility, would exceed the offense level (level 43) threshold for a guideline-mandatory life imprisonment sentence, where counsel: (a) failed to inform Mr. Harding of what occurred at the status conference; and (b) affirmatively misrepresented to Mr. Harding that a plea would result in lowering his guidelines. . : ‘ PARTIES-:TO. THE PROCEEDINGS BELOW There are no

Docket Entries

2024-10-15
Petition DENIED.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-09-12
Waiver of United States of right to respond submitted.
2024-09-12
Waiver of right of respondent United States to respond filed.
2024-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2024)
2024-05-03
Application (23A976) granted by Justice Thomas extending the time to file until June 7, 2024.
2024-04-19
Application (23A976) to extend the time to file a petition for a writ of certiorari from May 8, 2024 to July 7, 2024, submitted to Justice Thomas.

Attorneys

Michael Harding
Michael Edwin Harding — Petitioner
Michael Edwin Harding — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent