Legal Opinion

Hurel Guerrero v. United States

District Court, E.D. New York

Decided March 16, 1998No. Civil Action CV-96-3755(DGT)PublishedCited by 1 opinion

1Opinion of the Court

CORRECTED MEMORANDUM AND ORDER

TRAGER, District Judge.

Petitioner, pro se, brought this 28 U.S.C. § 2255 action contending only that he was entitled to application of the “safety valve” provisions set forth at § 5C1.2 and § 2D1.1(b)(4) of the Sentencing Guidelines, and, as a result, petitioner claimed he is entitled to a downward adjustment of two levels in his offense level. Subsequently, for reasons explained in the opinion, I appointed counsel who then raised a second point, namely that petitioner was denied effective assistance of counsel at his Fatico hearing.

Background(1)

Petitioner’s…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Oscar Boria v. John Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1996
  3. Paul Peter Solina, Jr. v. United StatesCourt of Appeals for the Second Circuit · 1983
  4. People v. FelderNew York Court of Appeals · 1979
  5. United States v. John NovakCourt of Appeals for the Second Circuit · 1990

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3Cited by1 opinion

  1. Juan Xavier Hurel Guerrero v. United StatesCourt of Appeals for the Second Circuit · 1999

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