No. 24-5689

Joshua Paul Cox v. United States

Lower Court: Fifth Circuit
Docketed: 2024-10-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: district-court-review judicial-review jurist-standard lawyer-effectiveness legal-sufficiency sentencing-performance
Latest Conference: 2024-11-08
Question Presented (from Petition)

The facts underlying Mr. Cox's ineffective-assistance claim are straightforward. His lawyer failed to object to an evidentiary dearth underlying the presentence report's relevant-conduct analysis. The failure was based on ignorance of the rules, not strategy. The district court imposed a sentence at the low end of the range affected by the PSR's faulty relevant-conduct finding. Despite these facts, the district court found no ineffective assistance of counsel and refused to issue a certificate of appealability. U.S. Circuit Judge James Graves likewise refused to issue a certificate of appealability.

The question presented is this: whether a reasonable jurist might disagree with the district court or Judge Graves about the sufficiency and effect of the lawyer's performance at sentencing.

Question Presented (AI Summary)

Whether a reasonable jurist might disagree with the district court or Judge Graves about the sufficiency and effect of the lawyer's performance at sentencing

Docket Entries

2024-11-12
Petition DENIED.
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-10-17
Waiver of right of respondent United States to respond filed.
2024-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2024)

Attorneys

Joshua Cox
Taylor Wills Edwards BrownFederal Public Defender, N.D. Tex., Petitioner
United States
Elizabeth B. Prelogar — Respondent