No. 19-8312

Lazaro Candelaria v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-04-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-justice-reform criminal-procedure first-step-act ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prior-convictions sentencing sentencing-enhancement shepard-documentation
Latest Conference: 2020-05-15
Question Presented (from Petition)

1) Whether the First Step Act of U.S. in his Title 21 U.S.C. § 2255(f)(1) motion.

2) Whether CounselSenate Bill 756, applies to the Petitioner, ineffective for failing to object to Petitioner's prior convictions as too remote in time to be considered at sentencing.was

3) Whether Counsel was ineffective for not requesting Petitioner's Shepard v. United States 544 U.S. 13, 26 (2005), Shepard documentation, and whether the government prejudiced Petitioner for not producing these documents at Petitioner's original sentencing in violation of Canty F.3d 1251 (11th Cir. 2009).

4) Whether Counsel was ineffective for not challenging Petitioner's prior convictions to the lower courts.

5) Whether Counsel ineffective for promising the Petitioner a 60 month sentence, but when Petitionerv. United States 570 was sentenced, he received 13 years in a federal prison, based on Counsel's breach of plea. Whether Petitioner's plea was involuntary, unintelligent and unknowing.was

Question Presented (AI Summary)

Whether the First Step Act of U.S. Senate Bill 756 applies to the Petitioner

Docket Entries

2020-08-24
Rehearing DENIED.
2020-07-30
DISTRIBUTED.
2020-06-01
Petition for Rehearing filed.
2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-23
Waiver of right of respondent United States to respond filed.
2019-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2020)

Attorneys

Lazaro Candelaria
Lazaro Candelaria — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent