No. 18-9336

Saul Elias Camilo v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-05-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 appellate-review district-court due-process fair-administration-of-justice ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining section-2255 sentencing-guidelines
Latest Conference: 2019-06-20
Question Presented (from Petition)

I Where a plea deal has opposing clauses, is such confusion sufficient
to reach the bar for appellate review in a §2255 process when
ineffective assistance of counsel is the claimed cause.

II Can due process exist when the gate keeper to the appellate process
in a 28 U.S.C. §2255 proceeding is the same district court that
denied the original motion.

III Would a jurist of reason consider a plea deal with a sentence in
excess of a defendant's guidelines a reasonable plea bargain.

IV If a direct appeal is acknowledged as of right after a trial and is
on occasion successful how then can the need for approval of an
appeal in a U.S.C. §2255 motion meet the standard for due process and
the fair administration of justice.

Question Presented (AI Summary)

Where a plea deal has opposing clauses, is such confusion sufficient to reach the bar for appellate review in a §2255 process when ineffective-assistance-of-counsel is the claimed cause

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
Waiver of right of respondent United States to respond filed.
2019-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)
2019-04-01
Application (18A990) granted by Justice Thomas extending the time to file until April 26, 2019.
2019-01-11
Application (18A990) to extend the time to file a petition for a writ of certiorari from February 25, 2019 to April 26, 2019, submitted to Justice Thomas.

Attorneys

Saul Elias Camilo
Saul Elias Camilo — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent