Legal Opinion

United States v. Cannistraro

District Court, D. New Jersey

Decided April 12, 1990No. Crim. 87-193PublishedCited by 20 opinions

1Opinion of the Court

LECHNER, District Judge.

Richard S. Cannistraro (“Cannistraro”) has filed this motion pursuant to Fed.R. Crim.P. 32(d) to withdraw his guilty plea to all nine counts of the indictment in United States v. Cannistraro, Crim. No. 87-193 (the “First Indictment” 1 ). Cannistraro claims he would not have pleaded guilty to the First Indictment but for the ineffective assistance of his former trial counsel. He further claims his testimony at the plea allocution did not establish an adequate factual basis for acceptance of his guilty plea and his plea was accepted under circumstances which materially…

2Cases cited54 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Hill v. LockhartSupreme Court of the United States · 1985
  4. North Carolina v. AlfordSupreme Court of the United States · 1970
  5. Simmons v. United StatesSupreme Court of the United States · 1968

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3Cited by20 opinions

  1. United States v. David L. NahodilCourt of Appeals for the Third Circuit · 1994
  2. United States v. EisenbergDistrict Court, D. New Jersey · 1991
  3. Springs v. United StatesDistrict of Columbia Court of Appeals · 1992
  4. United States v. CannistraroDistrict Court, D. New Jersey · 1992
  5. United States v. Carlos Eduardo Fernandez. Appeal of Carlos FernandezCourt of Appeals for the Third Circuit · 1990

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