Legal Opinion · Concurrence

Deltoro-Aguilera v. United States

Court of Appeals for the Eighth Circuit

Decided November 2, 2010No. 08-3783PublishedCited by 17 opinions

1ConcurrenceWollman, Circuit Judge

JOHN R. GIBSON, Circuit Judge.

Jose Deltoro-Aguilera appeals the denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Deltoro claims his trial counsel was ineffective for failing to advise him that he was eligible for safety valve relief under § 5C1.2 of the United States Sentencing Guidelines. The district court 1 denied his motion, finding that Deltoro’s allegation of ineffective assistance was unsupported by the record and concluding that the claim failed as a matter of law. We affirm.

Following a jury trial in September 1996, Deltoro was convicted…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. Ralph Chavous Duke, Also Known as Plookie, Also Known as PlukeyCourt of Appeals for the Eighth Circuit · 1995
  3. Shon Lamar Sanders v. United StatesCourt of Appeals for the Eighth Circuit · 2003
  4. United States v. Debra Kay Tournier, Now Known as Debra Kay LaucampCourt of Appeals for the Eighth Circuit · 1999
  5. Brandon Buster v. United StatesCourt of Appeals for the Eighth Circuit · 2006

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

3Cited by17 opinions

  1. Dwight Thomas v. United StatesCourt of Appeals for the Eighth Circuit · 2013
  2. United States v. Aaron PolkCourt of Appeals for the Eighth Circuit · 2013
  3. Lorenzo Roundtree v. United StatesCourt of Appeals for the Eighth Circuit · 2014
  4. Krecht v. United StatesDistrict Court, S.D. Florida · 2012
  5. United States v. GarciaCourt of Appeals for the Eighth Circuit · 2012

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

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