Legal Opinion

United States v. Candelario Chavez-Marquez

Court of Appeals for the Tenth Circuit

Decided September 14, 1995No. 94-2285, 95-2004PublishedCited by 27 opinions

1Opinion of the Court

TACHA, Circuit Judge.

A jury convicted defendant of possessing with intent to distribute less than fifty kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1). Defendant did not file a direct appeal. Defendant then petitioned for relief under 28 U.S.C. § 2255, alleging ineffective assistance of counsel. The magistrate held an evidentiary hearing and determined that defendant’s claims were meritless with one exception: Counsel was ineffective in failing to file an appeal. He therefore recommended that defendant be allowed to file a direct appeal. The district court adopted the…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Steven Keith Hatch v. State of OklahomaCourt of Appeals for the Tenth Circuit · 1995
  3. United States v. Leonard Joseph YannottCourt of Appeals for the Sixth Circuit · 1995
  4. Lesly Cohen v. United StatesCourt of Appeals for the Ninth Circuit · 1967
  5. United States v. Salvador Parra, Also Known as Salvador Ledezma, United States of America v. Jose Alfredo Sotelo, Also Known as Ricardo DuarteCourt of Appeals for the Tenth Circuit · 1993

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3Cited by27 opinions

  1. Morales-Fernandez v. Immigration & Naturalization ServiceCourt of Appeals for the Tenth Circuit · 2005
  2. United States v. KimlerCourt of Appeals for the Tenth Circuit · 2003
  3. United States v. CooperCourt of Appeals for the Tenth Circuit · 2011
  4. United States v. Darren Eugene HendersonCourt of Appeals for the Ninth Circuit · 2001
  5. United States v. Zubia-TorresCourt of Appeals for the Tenth Circuit · 2008

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

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