Legal Opinion

United States v. Charles Herbert Fuller

Court of Appeals for the Fifth Circuit

Decided September 3, 1985No. 84-1850PublishedCited by 63 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

A defendant in a criminal case pleaded guilty, he contends, because of his lawyer’s advice that the maximum sentence was fifteen years when in fact the maximum sentence was only five years. The defendant feared that, if he proceeded to trial and were convicted, he would receive the maximum sentence. He now seeks relief under 28 U.S.C. § 2255 contending that this misinformation invalidates his plea, that his lawyer was ineffective, and that the district court erred in refusing to grant an evidentiary hearing.

Even if the petitioner can establish the facts alleged…

2Cases cited22 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. Blackledge v. AllisonSupreme Court of the United States · 1977
  4. Carafas v. LaValleeSupreme Court of the United States · 1968
  5. United States v. TimmreckSupreme Court of the United States · 1979

17 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. United States v. WaltonCourt of Appeals for the Sixth Circuit · 1990
  2. United States v. Ludevina Ayala CervantesCourt of Appeals for the Fifth Circuit · 1998
  3. United States v. Roy Lee PierceCourt of Appeals for the Fifth Circuit · 1992
  4. Willie D. Armstead v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1994
  5. United States v. Dwight ReedCourt of Appeals for the Fifth Circuit · 2013

58 more not listed; retrieve them via the Exa API.

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