No. 18-6519

Mariano Alvarez v. United States

Lower Court: Fifth Circuit
Docketed: 2018-10-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion life-sentence mistrial plea-bargaining plea-negotiation recusal sentencing-guidelines
Latest Conference: 2018-11-30
Question Presented (from Petition)

Can doubts in granting a Certificate of Appealability (cOA) be resolved in favor of the appellant when considering the severity of his life sentence?

Is it debatable among jurists of reason that the appellant's counsel was ineffective for failing to object to the District Court's declaration of a mistrial?

Is it debatable among jurists of reason that the appellant's counsel was ineffective for failing to file a motion for recusal or other written objections to the transfer order?

Is it debatable among jurists of reason that the appellant's counsel was ineffective for failing to negotiate a plea after the mistrial?

Is it debatable among jurists of reason that the appellant's counsel was ineffective when he (counsel) gave the appellant incorrect information regarding an open plea?

Is it debatable among jurists of reason that the appellant's counsel was ineffective at sentencing for failing to object to the miscalculation of the sentencing guidelines?

Question Presented (AI Summary)

Can doubts in granting a Certificate of Appealability (COA) be resolved in favor of the appellant when considering the severity of his life sentence?

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-07
Waiver of right of respondent United States to respond filed.
2018-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2018)

Attorneys

Mariano Alvarez
Mariano Alvarez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent