Legal Opinion

United States v. Smith

Court of Appeals for the Fourth Circuit

Decided May 17, 2011No. 09-4760PublishedCited by 45 opinions

1Opinion of the Court

Affirmed by published opinion. Judge DAVIS wrote the majority opinion, in which Judge KING concurred, and in which Judge AGEE concurred except as to Part II.B. Judge AGEE wrote a separate opinion concurring in part and concurring in the judgment.

OPINION

DAVIS, Circuit Judge:

In this appeal from a 151-month sentence based on Appellant Allen Smith’s guilty plea, we explore the interrelationship of the Fifth Amendment due process requirement that a guilty plea be voluntary and the Sixth Amendment guarantee that an accused enjoy “the Assistance of Counsel.”

During the proceedings below, Smith…

Also in this document: Concurring in the judgment.

2Cases cited45 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Brady v. United StatesSupreme Court of the United States · 1970
  5. Ornelas v. United StatesSupreme Court of the United States · 1996

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3Cited by45 opinions

  1. United States v. Temitope AkinsadeCourt of Appeals for the Fourth Circuit · 2012
  2. United States v. Timothy HortonCourt of Appeals for the Fourth Circuit · 2012
  3. United States v. Kenneth KyleCourt of Appeals for the Ninth Circuit · 2013
  4. United States v. Patrick WallaceCourt of Appeals for the Seventh Circuit · 2014
  5. United States v. Robert FitzgeraldCourt of Appeals for the Fourth Circuit · 2016

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