No. 20-1581

Malia Arciero v. United States

Lower Court: Ninth Circuit
Docketed: 2021-05-14
Status: Denied
Type: Paid
Response Waived
Tags: criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing-enhancement sixth-amendment
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-06-10
Question Presented (from Petition)

Whether this Court holding in Lafler v. Cooper, 566 U.S. 156 (2012), is still good law, and if so, whether Arciero is entitled to relief due to defense counsels deficient advice which led to a two-point enhancement in her impose sentence and led her to reject a favorable plea offer that resulted in her being later convicted and sentence to a harsher sentence after a fair trial?

Question Presented (AI Summary)

Whether the Sixth Amendment right to effective assistance of counsel was violated when defense counsel's deficient advice led to a two-point sentencing enhancement and the rejection of a favorable plea offer

Docket Entries

2021-06-14
Petition DENIED.
2021-05-25
DISTRIBUTED for Conference of 6/10/2021.
2021-05-20
Waiver of right of respondent United States to respond filed.
2020-12-26
Petition for a writ of certiorari filed. (Response due June 14, 2021)

Attorneys

Malia Arciero
Malia Arciero — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent