Pedro Pete Benevides v. United States
1. Does the forfeiture of over $44 million constitute an excessive fine under the Eighth Amendment, where the forfeiture amount is more than 44 times greater than the statutory maximum fine and almost 3,000 times greater than the lower-end suggested in the Sentencing Guidelines?
2. Did the Eleventh Circuit err in denying a certificate of appealability on whether a defendant receives ineffective assistance where his attorney advises him to agree to a forfeiture amount that is unconstitutional, provides false assurances that his guilty plea will result in a minimal term of incarceration, and incorrectly states that he would be allowed to retain $3 million, and where the defendant would not have taken the guilty plea had he received proper advice from his attorney?
Whether the forfeiture of over $44 million constitutes an excessive fine under the Eighth Amendment