Legal Opinion

United States v. A. Cruz-Padilla

Court of Appeals for the Eighth Circuit

Decided July 11, 2005No. 04-2421Unpublished

1Per curiam

Alejandro Cruz-Padilla appeals from the final order entered in the District Court 1 for the Northern District of Iowa denying his 28 U.S.C. § 2255 motion. For reversal, Cruz-Padilla argues the district court erred in not finding his counsel was inef fective at sentencing for failing to move for a role reduction under U.S.S.G. § 3B1.2. For the reasons discussed below, we affirm the judgment of the district court.

A district court’s decision on a habeas claim of ineffective assistance of counsel presents a mixed question of law and fact. We review the legal issue de novo and the underlying…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Charles I. Covey v. United StatesCourt of Appeals for the Eighth Circuit · 2004
  3. United States v. Kevin Michael ThurmonCourt of Appeals for the Eighth Circuit · 2004
  4. United States v. Karl William BrubakerCourt of Appeals for the Eighth Circuit · 2004

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