Nicholas Corey Garner v. United States
Was Counsel constitutionally ineffective when he failed to challenge the search of Petitioner's vehicle in violation of Petitioner's Fourth Amendment Right against illegal searchs and seizures.
Was plea obtained in violation of Petitioner's due process ?
Was Petitioner's guilty plea entered voluntary ? Did the district court error when it failed to personally address Petitioner in open court and determine that the plea did not result from force, threats, or promises ?
Counsel advised Petitioner to enter into an open plea, which Petitioner received 240 months because of the advise of counsel. Was Counsel constituionally ineffective for advising Petitioner to not accept the plea agreement in this case, which was for 188 months ?
Was Counsel constitutionally ineffective for failing to object to the number of victims in the Presentence Report before sentencing and also failed to Object that the presentence report failed to provide the district court with sufficient information to order restitution ? The probation officer in this case failed to recommend any amount of restitution. The probation officer also failed to identify which of the 425 victims suffered an actual loss for sentencing purposes.
Was Counsel constituionally ineffective for failing to raise the number of victims in the Presetence Report on direst appeal, and also the restitution amonut that was ordred in this case ?
Was Counsel constitutionally ineffective for failing to raise the Leadership enhancement on direct appeal ?
Was Counsel ineffective for failing to challenge the illegal search of Petitioner's email account ? In violation of his Fourth Amendment Right againts illegal searchs and seizures.
Did the court's below commit reversable err denying Petitioner's § 2255 motion without conducting an evidentiary hearing to resolve the factual disputes violating Petitioner's due process rights ?
Whether counsel was constitutionally ineffective for failing to object to presentence report and failing to raise objection to lack of restitution recommendation