Legal Opinion

Caceres v. United States

District Court, D. New Jersey

Decided June 5, 2015No. Civil Action No. 13-7091(JBS); Crim. No. 11-798(JBS)Published

1Opinion of the Court

MEMORANDUM OPINION

SIMANDLE, Chiéf Judge.

Petitioner Richard Caceres pleaded guilty on March 30, 2012 to one count of distributing and possessing with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(C). On August 16, 2012, this Court sentenced Caceres as a career offender to a term of imprisonment of 151 .months. Caceres now seeks to vacate, set aside and correct his sentence pursuant to 28 U.S.C. § 2255 on the grounds that his counsel was ineffective for failing to object to his designation as a “career offender” at the time of sentencing and on appeal.

For the…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Banks v. DretkeSupreme Court of the United States · 2004
  4. Chaidez v. United StatesSupreme Court of the United States · 2013
  5. Burgess v. United StatesSupreme Court of the United States · 2008

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