Legal Opinion

Aguayo-Montes v. United States

District Court, D. Utah

Decided May 22, 2024No. 4:23-cv-00045Unknown

1Opinion

THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH CESAR AGUAYO-MONTES, MEMORANDUM DECISION AND ORDER DENYING AND DISMISSING Movant, § 2255 MOTION WITH PREJUDICE v. Case No. 4:23-cv-00045-DN UNITED STATES OF AMERICA, (Crim. No. 4:21-cr-00069-DN-1) Respondent. District Judge David Nuffer Movant Cesar Aguayo-Montes moves pursuant to

28 U.S.C. § 2255

to vacate his conviction and 37-month sentence after pleading guilty to possession of heroin with intent to distribute (“§ 2255 Motion”).1 Mr. Aguayo-Montes argues that his rights to due process and effective assistance of counsel were violated because…

2Cases cited19 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Harrington v. RichterSupreme Court of the United States · 2011
  4. Padilla v. KentuckySupreme Court of the United States · 2010
  5. Knowles v. MirzayanceSupreme Court of the United States · 2009

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