No. 19-6551

Neil Timothy Aho v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-11-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure discovery guilty-plea ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining plea-withdrawal sentencing-guidelines withdrawal-of-plea
Latest Conference: 2019-12-06
Question Presented (from Petition)

Issue 1: Whether the appellate court erred in not finding
that the district court abused its discretion by denying
Petitioner's motion to withdraw his guilty plea made prior
to sentencing based upon an incomplete understanding of the
sentencing guidelines, failure to retain a forensic
computer expert and a change in the sentencing guidelines.

Issue 2: Whether the appellate court erred in not finding
that district court erred in sentencing Petitioner
including a +2 level guideline adjustment for obstruction
of justice based upon his testimony during a hearing on his
motion to vacate his guilty plea that he did not fully
understand his sentencing guideline exposure and the
discovery based upon his attorney-client conferences.

Question Presented (AI Summary)

Whether the appellate court erred in not finding that the district court abused its discretion by denying Petitioner's motion to withdraw his guilty plea

Docket Entries

2019-12-09
Petition DENIED.
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-11-18
Waiver of right of respondent United States of America to respond filed.
2019-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2019)

Attorneys

Neil Aho
Arthur L. Wallace IIIsuite 400, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent