23 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 159,640 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"
United States v. Booker
543 U.S. 220 (2005) Cited 25,450 times 28 Legal Analyses
Holding the Sentencing Guidelines are advisory
Coleman v. Thompson
501 U.S. 722 (1991) Cited 26,370 times 49 Legal Analyses
Holding in relevant part that federal habeas review of a procedurally defaulted claim is barred "unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law"
Murray v. Carrier
477 U.S. 478 (1986) Cited 16,533 times 14 Legal Analyses
Holding that constitutionally ineffective assistance of counsel may provide cause for a procedural default
Massaro v. U.S.
538 U.S. 500 (2003) Cited 5,908 times 2 Legal Analyses
Holding that failure to raise an ineffective assistance of counsel claim on direct appeal does not bar a defendant from bringing the claim in a later, appropriate collateral proceeding
United States v. Frady
456 U.S. 152 (1982) Cited 12,589 times 4 Legal Analyses
Holding that petitioner must show both cause and prejudice to overcome a procedural default
Chandler v. U.S.
218 F.3d 1305 (11th Cir. 2000) Cited 2,533 times 2 Legal Analyses
Holding that the ineffectiveness prong of Strickland is a high bar, requiring a showing that “no competent counsel would have taken [the action in question]”
Burns v. United States
501 U.S. 129 (1991) Cited 528 times 2 Legal Analyses
Holding that Rule 32 of the Federal Rules of Criminal Procedure requires reasonable notice "before a district court can depart upward"
Rogers v. Zant
13 F.3d 384 (11th Cir. 1994) Cited 1,016 times
Finding defense counsel's decision to not present evidence of voluntary intoxication reasonable under the circumstances
Brownlee v. Haley
306 F.3d 1043 (11th Cir. 2002) Cited 437 times 1 Legal Analyses
Holding that the petitioner was entitled to habeas corpus relief because of "counsel's failure to investigate, obtain, or present any evidence of mitigating circumstances to the sentencing jury"
Section 2255 - Federal custody; remedies on motion attacking sentence
28 U.S.C. § 2255 Cited 130,058 times 129 Legal Analyses
Adopting one-year limitations period for §2255 motions
Section 3553 - Imposition of a sentence
18 U.S.C. § 3553 Cited 77,008 times 111 Legal Analyses
Holding that district court must consider whether its decision will "protect the public from further crimes of the defendant"
Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.
Fed. R. Evid. 404 Cited 16,780 times 65 Legal Analyses
Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses
Section 1324 - Bringing in and harboring certain aliens
8 U.S.C. § 1324 Cited 3,365 times 43 Legal Analyses
Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law
Section 111 - Assaulting, resisting, or impeding certain officers or employees
18 U.S.C. § 111 Cited 2,663 times 10 Legal Analyses
Assaulting a federal officer or employee

Rivero v. United States of America

23 Cited authorities

Holding the Sentencing Guidelines are advisory

Holding in relevant part that federal habeas review of a procedurally defaulted claim is barred "unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law"

Holding that constitutionally ineffective assistance of counsel may provide cause for a procedural default

Holding that failure to raise an ineffective assistance of counsel claim on direct appeal does not bar a defendant from bringing the claim in a later, appropriate collateral proceeding

Holding that petitioner must show both cause and prejudice to overcome a procedural default

Holding that the ineffectiveness prong of Strickland is a high bar, requiring a showing that “no competent counsel would have taken [the action in question]”

Holding that Rule 32 of the Federal Rules of Criminal Procedure requires reasonable notice "before a district court can depart upward"

Finding defense counsel's decision to not present evidence of voluntary intoxication reasonable under the circumstances

Holding that the petitioner was entitled to habeas corpus relief because of "counsel's failure to investigate, obtain, or present any evidence of mitigating circumstances to the sentencing jury"

Adopting one-year limitations period for §2255 motions

Holding that district court must consider whether its decision will "protect the public from further crimes of the defendant"

Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses

Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law

Assaulting a federal officer or employee