No. 18-8115
Kenny Daniel Barrios v. United States
Response WaivedIFP
Tags: 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-guidelines sixth-amendment type-c-plea
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2019-03-22
Question Presented (from Petition)
Whether the failure of counsel to object to inaccurate calculated Sentencing Guidelines is ineffective assistance of counsel, as provided under the Sixth Amendment, including when the sentence to be imposed is pursuant to a Fed. R. Crim. P. 11(c)(1)(C)("Type-C") plea agreement;
and,
Whether Petitioner should have been granted an evidentiary hearing to present evidence of ineffective assistance of counsel pursuant to his 28 USC § 2255 motion; or, at a minimum, been granted a certificate of appealability to present his arguments.
Question Presented (AI Summary)
Whether the failure of counsel to object to inaccurately calculated Sentencing Guidelines is ineffective assistance of counsel
Docket Entries
2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-03-05
Waiver of right of respondent United States to respond filed.
2018-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)
Attorneys
Kenny Daniel Barrios
Kenny Daniel Barrios — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent