No. 19-6638
Yannier Arias v. United States
Response WaivedIFP
Tags: acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2020-01-10
Question Presented (from Petition)
1. Whether conflicting affidavits require an evidentiary hearing for ineffective assistance of counsel.
2. Counsel was ineffective for not objecting to a 2 level enhancement for fleeing and eluding which was an improper argument by the Government at trial and the P.S.I. at sentencing.
3. Counsel was ineffective at sentencing for raising an acceptance of responsibility when Petitioner proceeded to trial.
4. Counsel was ineffective for promising Petitioner an additional 12 month sentence if he rejected 36 month capped plea agreement by proceeding trial.
Question Presented (AI Summary)
Whether conflicting affidavits require an evidentiary hearing for ineffective-assistance-of-counsel
Docket Entries
2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-26
Waiver of right of respondent United States to respond filed.
2019-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2019)
Attorneys
United States
Noel J. Francisco — Solicitor General, Respondent
Yannier Arias
Yannier Arias — Petitioner