§Why CasetextPricing

Duke v. United States of America

MOTION to Vacate, Set Aside or Correct Sentence

13 Cited authorities

  1. 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"

  2. Hill v. Lockhart

    474 U.S. 52 (1985)   Cited 20,086 times   34 Legal Analyses
    Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue

  3. 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

  4. North Carolina v. Alford

    400 U.S. 25 (1970)   Cited 10,699 times   6 Legal Analyses
    Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime

  5. Bradshaw v. Stumpf

    545 U.S. 175 (2005)   Cited 855 times   2 Legal Analyses
    Holding that for a plea to be valid, a defendant must be “aware of the nature of the charges against him, including the elements of the ... charge to which he plead guilty”

  6. Libretti v. United States

    516 U.S. 29 (1995)   Cited 554 times
    Holding that § 853(n) suffices to protect third parties' rights

  7. U.S. v. White

    307 F.3d 336 (5th Cir. 2002)   Cited 578 times
    Holding that "the district court was within its power when it looked at relevant conduct to assign the quantity of drugs within [the maximum] statutory ranges"

  8. United States v. Scruggs

    691 F.3d 660 (5th Cir. 2012)   Cited 201 times
    Holding that there was no jurisdictional defect when the language of the charging document “track[ed] the statutory language” even though “the facts proffered at the plea hearing [were] insufficient to establish that” the defendant committed the crime

  9. U.S. v. Herrera

    412 F.3d 577 (5th Cir. 2005)   Cited 176 times   1 Legal Analyses
    Finding that the failure to inform client of maximum sentence that he could receive falls below objective standard of reasonableness

  10. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 130,022 times   129 Legal Analyses
    Adopting one-year limitations period for §2255 motions

  11. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,964 times   60 Legal Analyses
    Specifying prohibited activities

  12. Section 3742 - Review of a sentence

    18 U.S.C. § 3742   Cited 10,937 times   5 Legal Analyses
    Holding that the appellate court may reverse a sentence that is too low

  13. Section 1959 - Violent crimes in aid of racketeering activity

    18 U.S.C. § 1959   Cited 2,212 times   4 Legal Analyses
    Prohibiting threats to commit crimes of violence in aid of racketeering activity