Legal Opinion

United States v. Francis Guerra Pleitez

Court of Appeals for the Fifth Circuit

Decided November 22, 2017No. 16-20570PublishedCited by 15 opinions

1Opinion of the Court

EDWARD C. PRADO, Circuit Judge:

This Court is asked to determine whether the entry of a final restitution order or an amended judgment that imposes a more onerous restitution award under 18 U.S.C. § 3664(d)(5) constitutes a “critical stage” of trial. proceedings requiring access to counsel. Defendant-Appellant Francis Yu-vini Guerra Pleitez (“Pleitez”) entered into a plea agreement for a crime mandating restitution and waived his right to appeal all claims other than claims of ineffective assistance of counsel. At sentencing, the district court issued a partial restitution order but deferred…

2Cases cited34 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. CronicSupreme Court of the United States · 1984
  3. Massiah v. United StatesSupreme Court of the United States · 1964
  4. Holloway v. ArkansasSupreme Court of the United States · 1978
  5. Estelle v. SmithSupreme Court of the United States · 1981

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3Cited by15 opinions

  1. United States v. Michael BarnesCourt of Appeals for the Fifth Circuit · 2020
  2. United States v. John PortilloCourt of Appeals for the Fifth Circuit · 2020
  3. United States v. Terry KellyCourt of Appeals for the Fifth Circuit · 2019
  4. Russell v. DenmarkCourt of Appeals for the Fifth Circuit · 2023
  5. United States v. TorresCourt of Appeals for the Fifth Circuit · 2021

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