No. 18-6968

Alejandro Quinones Leyva v. United States District Court for the District of South Carolina

Lower Court: Fourth Circuit
Docketed: 2018-12-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 6th-amendment criminal-procedure ineffective-assistance ineffective-assistance-of-counsel language-barriers notice-of-appeal plea-bargaining prejudice right-to-counsel sentencing sentencing-rights sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-02-15
Question Presented (from Petition)

ALEJANDRO QUINONES-LEYVA, being duly sworn deposes as true; 1- I am the defendant herein, (2) In comection with pleading and sentencing I received ineffective assitance of counsel in the district court, and additionally defense counsel failed to thle a notice of appeal on my bahalf from this judgement of conviction, (3) As consequence I now move this honorable Supreme court house, to grant me this writ of Certirari, to dismiss my conviction and vacate my sentence without prejudice, on luly 5, 2016, I was sentenced. to 96 months in prison, and 3, years of supervised release. At the conclusion of the sentencing proceeds .I instructed my attorney to file a notice of appeal on my behalf., the attorney failed to do so., After I was sentenced I called my attorney on his office phone even on his ceel phone on multiple occasions from. jail, to again instruct the attorney to file a notice of appeal. to no avail., and then this attorney told me my sentence would be five (5) years, even though with the gun possession that gun was found in my house in the dresser drawere.

Question Presented (AI Summary)

Whether the defendant received ineffective assistance of counsel due to counsel's failure to file a notice of appeal

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2018-12-21
Waiver of right of respondent to respond filed.
2018-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2019)

Attorneys

Alejandro Leyva
Alejandro Quinones Leyva — Petitioner
Respondent
Noel J. FranciscoSolicitor General, Respondent