David Kirkland v. United States
1. Whether the petitioner's attorney was ineffective for withholding information that cost defendant a three-point sentencing reduction for acceptance of responsibly by advising the petitioner to vacate a favorable plea agreement of (77-96) months and proceed to trial resulting in a sentence of (216) months, can "jurist debate" that the petitioner has established prejudice under Strickland's second prong?
2. Whether the United States Court of Appeals for the "Sixth Circuit" ruled where an inmate alleged that his attorney's ineffective assistance cost him a three-point sentencing reduction for acceptance of responsibility, a district court abused its discretion by declining to hold an evidentiary hearing, can the same procedural ruling apply to the petitioners underlying constitutional claims in the United States Court of Appeals for the Third Circuit?
Whether the petitioner's attorney was ineffective for withholding information