13 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 159,487 times 179 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 20,077 times 34 Legal Analyses
Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue
Blackledge v. Allison
431 U.S. 63 (1977) Cited 9,348 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
North Carolina v. Alford
400 U.S. 25 (1970) Cited 10,693 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
Bradshaw v. Stumpf
545 U.S. 175 (2005) Cited 851 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”
Libretti v. United States
516 U.S. 29 (1995) Cited 553 times
Holding that § 853(n) suffices to protect third parties' rights
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"
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
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
Section 2255 - Federal custody; remedies on motion attacking sentence
28 U.S.C. § 2255 Cited 129,909 times 129 Legal Analyses
Adopting one-year limitations period for §2255 motions
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,946 times 60 Legal Analyses
Specifying prohibited activities
Section 3742 - Review of a sentence
18 U.S.C. § 3742 Cited 10,929 times 5 Legal Analyses
Holding that the appellate court may reverse a sentence that is too low
Section 1959 - Violent crimes in aid of racketeering activity
18 U.S.C. § 1959 Cited 2,201 times 4 Legal Analyses
Prohibiting threats to commit crimes of violence in aid of racketeering activity

Duke v. United States of America

13 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 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 an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime

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”

Holding that § 853(n) suffices to protect third parties' rights

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"

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

Finding that the failure to inform client of maximum sentence that he could receive falls below objective standard of reasonableness

Adopting one-year limitations period for §2255 motions

Specifying prohibited activities

Holding that the appellate court may reverse a sentence that is too low

Prohibiting threats to commit crimes of violence in aid of racketeering activity