No. 23-5205

Steven Lesane v. United States

Lower Court: Second Circuit
Docketed: 2023-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation
Latest Conference: 2023-09-26
Question Presented (from Petition)

I. Whether the District Court abused its discretion when it
denied appellant's motion to withdraw his guilty plea
where 1) there was an insufficient factual basis for
the plea, 2) counsel was ineffective for failing to
properly advise appellant concerning whether there was a
factual basis for the plea and certain enhancements,
3) the Superseding Information was defective because it
referenced an amended version of the statute and 4)
appellant was suffering from an illness that affected
his judgment?

II. Whether the Circuit Court abused its discretion when it
denied the Pro Se Motion for Rehearing or Rehearing En Banc
for the prior opinion not reviewing the denial of an
evidentiary hearing and issues that fall within the scope
of U.S. vs Cramer?

Question Presented (AI Summary)

Whether the District Court abused its discretion in denying appellant's motion to withdraw guilty plea

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-31
Waiver of right of respondent United States to respond filed.
2023-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2023)

Attorneys

Steven Lesane
Steven Lesane — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent