No. 20-7202

Deon Anthony Romell Bailey v. United States

Lower Court: Eighth Circuit
Docketed: 2021-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel ninth-circuit plea-bargaining post-conviction sentencing sixth-amendment
Latest Conference: 2021-03-19
Question Presented (from Petition)

Did the Eighth Circuit improperly deny Petitioner's Sixth Amendment right to effective assistance of counsel by failing to remand to the district court for an evidentiary hearing?

Did the district court violate its duty under the Sixth Amendment to personally inform the defendant of the range of available sentencing penalties according to 18 U.S.C. § 3553?

Did defense counsel fail to provide professional assistance regarding Petitioner's substantial sentence exposure prior to a plea, violating Petitioner's Sixth Amendment right to effective counsel under 60 Rules of Criminal Procedure 11(b)?

Did the district court err in denying Petitioner's motion for a new trial based on a misunderstanding of the law in relation to the facts and circumstances of the offense and drug quantity involved?

Question Presented (AI Summary)

Whether the Eighth Circuit decision improperly denied petitioner's claim of violation by failing to remand to give him the opportunity to plead anew?

Docket Entries

2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-25
Waiver of right of respondent United States to respond filed.
2021-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2021)

Attorneys

Deon Anthony Romell Bailey
Deon Anthony Romell Bailey — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent