Legal Opinion

United States v. Nino, Victor. Appeal of Victor M. Nino

Court of Appeals for the Third Circuit

Decided June 16, 1989No. 88-3805PublishedCited by 53 opinions

1Opinion of the Court

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

In this case we must decide whether the United States District Court for the District of Delaware abused its discretion by dismissing the habeas corpus petition of petitioner-appellant, Victor Nino, without holding an evidentiary hearing. This habe-as corpus petition asserted that petitioner’s prison sentence must be vacated because he was deprived of his constitutional right to effective assistance of counsel due to his attorney’s failure to file a Fed.R.Crim.P. 35(b) motion for reduction of sentence and/or that petitioner’s conviction must…

2Cases cited11 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. McMann v. RichardsonSupreme Court of the United States · 1970
  3. United States v. Monica Joyce CampbellCourt of Appeals for the Eleventh Circuit · 1985
  4. United States v. Williams, Ronald Alfred, Ronald A. WilliamsCourt of Appeals for the Third Circuit · 1980
  5. United States v. Amadeo Augusto Luciano SantelisesCourt of Appeals for the Second Circuit · 1975

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3Cited by53 opinions

  1. Florencio Rolan v. Donald T. Vaughn, State Correctional Institution-Graterford the District Attorney of PhiladelphiaCourt of Appeals for the Third Circuit · 2006
  2. Buehl v. VaughnCourt of Appeals for the Third Circuit · 1999
  3. James H. Carpenter v. Donald T. Vaughn, Warden, State Correctional Institution at Graterford, Pa James Henry CarpenterCourt of Appeals for the Third Circuit · 2002
  4. United States v. OrocioCourt of Appeals for the Third Circuit · 2011
  5. United States v. David Friedland, David J. Friedland, in No. 95-5582. David Friedland v. Douglas Lansing, Warden, Federal Correctional Institution, Ft. Dix, Nj United States Parole Commission David J. Friedland, in No. 95-5583. David Friedland v. United States of America, David J. Friedland, InCourt of Appeals for the Third Circuit · 1996

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