United States v. Rivas-Lopez

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Rafael E. Rivas-Lopez (“Rivas”), federal prisoner # 16285-179, contends that he received ineffective assistance of counsel when his attorney overestimated his sentencing exposure under a proffered plea deal, leading him to reject the deal and stand trial. The district court rejected this argument. For the reasons that fol low, we vacate the district court’s order with respect to this issue and remand for an evidentiary hearing.

I

A jury convicted Rivas of one count of conspiracy to commit hostage taking, four counts of hostage taking, four counts of aiding…