11 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,509 times 176 Legal Analyses
Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"
Hill v. Lockhart
474 U.S. 52 (1985) Cited 19,974 times 34 Legal Analyses
Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue
McMann v. Richardson
397 U.S. 759 (1970) Cited 7,400 times 4 Legal Analyses
Holding that even a possible misjudgment about admissibility of evidence is not ineffective assistance.
Mallett v. U.S.
334 F.3d 491 (6th Cir. 2003) Cited 1,294 times
Holding that a controlled-substance offense under the Sentencing Guidelines "must be determined as of the date that [the defendant's] guilt . . . was established"
Watson v. U.S.
165 F.3d 486 (6th Cir. 1999) Cited 1,068 times
Holding "that a defendant's informed and voluntarily waiver of the right to collaterally attack a sentence in a plea agreement bars such relief."
Smith v. U.S.
348 F.3d 545 (6th Cir. 2003) Cited 683 times 1 Legal Analyses
Holding that a defendant has the right to have his counsel "explain the sentencing exposure the defendant will face"
U.S. v. Fleming
239 F.3d 761 (6th Cir. 2001) Cited 284 times
Holding that district court's pronouncement that defendant has right to appeal does not void waiver of right to appeal contained in plea agreement which was knowingly and voluntarily made
United States v. Ashe
47 F.3d 770 (6th Cir. 1995) Cited 123 times
Holding that "invasion of an identifiable customer's account is not a necessary element of proof"
U.S. v. Lanier
201 F.3d 842 (6th Cir. 2000) Cited 31 times
Finding that the "district court correctly concluded that the dismissal with prejudice of these claims [by the Sixth Circuit] pursuant to the fugitive disentitlement doctrine precludes their consideration" in post-conviction motions
Section 2255 - Federal custody; remedies on motion attacking sentence
28 U.S.C. § 2255 Cited 129,029 times 129 Legal Analyses
Adopting one-year limitations period for §2255 motions
Section 3582 - Imposition of a sentence of imprisonment
18 U.S.C. § 3582 Cited 54,100 times 66 Legal Analyses
Granting district court discretion to modify sentence when Sentencing Guideline upon which sentence was based is subsequently amended

Cruz v. United States of America

11 Cited authorities

Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"

Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue

Holding that even a possible misjudgment about admissibility of evidence is not ineffective assistance.

Holding that a controlled-substance offense under the Sentencing Guidelines "must be determined as of the date that [the defendant's] guilt . . . was established"

Holding "that a defendant's informed and voluntarily waiver of the right to collaterally attack a sentence in a plea agreement bars such relief."

Holding that a defendant has the right to have his counsel "explain the sentencing exposure the defendant will face"

Holding that district court's pronouncement that defendant has right to appeal does not void waiver of right to appeal contained in plea agreement which was knowingly and voluntarily made

Holding that "invasion of an identifiable customer's account is not a necessary element of proof"

Finding that the "district court correctly concluded that the dismissal with prejudice of these claims [by the Sixth Circuit] pursuant to the fugitive disentitlement doctrine precludes their consideration" in post-conviction motions

Adopting one-year limitations period for §2255 motions

Granting district court discretion to modify sentence when Sentencing Guideline upon which sentence was based is subsequently amended