21 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 159,597 times 179 Legal Analyses
Holding that to establish ineffective assistance prejudice a petitioner "must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different," and " reasonable probability is a probability sufficient to undermine confidence in the outcome"
Blackledge v. Allison
431 U.S. 63 (1977) Cited 9,355 times 1 Legal Analyses
Holding that the district court erred in summarily dismissing petitioner's habeas petition and stating that, on remand, the district court may either hold an evidentiary hearing or utilize other measures, such as ordering expansion of the record, which may render a hearing unnecessary
Brady v. United States
397 U.S. 742 (1970) Cited 7,347 times 17 Legal Analyses
Holding that a defendant who pled guilty to federal kidnapping could not impugn the propriety of his plea under 28 U.S.C. § 2255 based on a later development striking down the death penalty for that offense
U.S. v. Cotal-Crespo
47 F.3d 1 (1st Cir. 1995) Cited 1,190 times
Holding that district court's use of written document, in conjunction with colloquy with defendant, satisfied Rule 11, explaining, "What is critical is the substance of what was communicated by the trial court, and what should reasonably have been understood by the defendant, rather than the form of the communication"
United States v. Caramadre
807 F.3d 359 (1st Cir. 2015) Cited 57 times
Holding that Mr. Caramadre's attempt to challenge the restitution order was barred by the waiver-of-appeal provision contained in his plea agreement
U.S. v. Parrilla-Tirado
22 F.3d 368 (1st Cir. 1994) Cited 108 times
Holding that a defendant may be prosecuted for two offenses, even if those two offenses arise out of the same conduct
U.S. v. Marrero-Rivera
124 F.3d 342 (1st Cir. 1997) Cited 93 times
Holding time pressure did not render guilty plea entered within an hour of deadline involuntary
U.S. v. Padilla-Galarza
351 F.3d 594 (1st Cir. 2003) Cited 74 times
Holding that a defendant is normally bound by the facts admitted at the time of his guilty plea
United States v. Ramos-Mejía
721 F.3d 12 (1st Cir. 2013) Cited 45 times
Affirming the acceptance of a guilty plea where the defendant acknowledged that he understood the charges, reviewed them with his counsel, and comprehended the consequences of pleading guilty
United States v. Fernández-Santos
856 F.3d 10 (1st Cir. 2017) Cited 32 times
Stating that "the presence of firearms" is a relevant factor in "determining whether a defendant had an intent to distribute" (quoting United States v. Cortés-Cabán, 691 F.3d 1, 36 (1st Cir. 2012) )
Section 371 - Conspiracy to commit offense or to defraud United States
18 U.S.C. § 371 Cited 21,545 times 140 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Section 7202 - Willful failure to collect or pay over tax
26 U.S.C. § 7202 Cited 446 times 3 Legal Analyses
Being a "responsible person"
Section 6531 - Periods of limitation on criminal prosecutions
26 U.S.C. § 6531 Cited 351 times 4 Legal Analyses
Setting a six-year statute of limitations for, inter alia, tax crimes involving fraud or falsity
Section 1425 - Procurement of citizenship or naturalization unlawfully
18 U.S.C. § 1425 Cited 300 times 7 Legal Analyses
Punishing those who "knowingly procure or attempt to procure, contrary to law, the naturalization of any person, or documentary or other evidence of naturalization or of citizenship"

USA v. Shah

21 Cited authorities

Holding that the district court erred in summarily dismissing petitioner's habeas petition and stating that, on remand, the district court may either hold an evidentiary hearing or utilize other measures, such as ordering expansion of the record, which may render a hearing unnecessary

Holding that a defendant who pled guilty to federal kidnapping could not impugn the propriety of his plea under 28 U.S.C. § 2255 based on a later development striking down the death penalty for that offense

Holding that Mr. Caramadre's attempt to challenge the restitution order was barred by the waiver-of-appeal provision contained in his plea agreement

Holding that a defendant may be prosecuted for two offenses, even if those two offenses arise out of the same conduct

Holding time pressure did not render guilty plea entered within an hour of deadline involuntary

Holding that a defendant is normally bound by the facts admitted at the time of his guilty plea

Affirming the acceptance of a guilty plea where the defendant acknowledged that he understood the charges, reviewed them with his counsel, and comprehended the consequences of pleading guilty

Stating that "the presence of firearms" is a relevant factor in "determining whether a defendant had an intent to distribute" (quoting United States v. Cortés-Cabán, 691 F.3d 1, 36 (1st Cir. 2012) )

Requiring proof of an "act to effect the object of the conspiracy"

Being a "responsible person"

Setting a six-year statute of limitations for, inter alia, tax crimes involving fraud or falsity

Punishing those who "knowingly procure or attempt to procure, contrary to law, the naturalization of any person, or documentary or other evidence of naturalization or of citizenship"