Legal Opinion
Lafuente v. United States
Court of Appeals for the Seventh Circuit
Decided August 13, 2010No. 08-3670PublishedCited by 31 opinions
1Per curiam
Fabian Lafuente was convicted by a jury of drug and weapons offenses in September 2003; he is serving a 188-month sentence. Lafuente filed a timely motion to set aside his conviction, 28 U.S.C. § 2255, alleging that he was denied his right to conflict-free counsel because, at the time of his trial, his counsel was subject to prosecution by the same U.S. Attorney’s office that was prosecuting Lafuente. The district court denied the motion without a hearing or other discovery. Because the motion was denied prematurely, we vacate the judgment and remand for further proceedings.
In his § 2255…
2Cases cited12 opinions
- Blackledge v. AllisonSupreme Court of the United States · 1977
- Bracy v. GramleySupreme Court of the United States · 1997
- Kafo, Saidi v. United StatesCourt of Appeals for the Seventh Circuit · 2006
- Sandoval v. United StatesCourt of Appeals for the Seventh Circuit · 2009
- United States v. Daniel L. BalzanoCourt of Appeals for the Seventh Circuit · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Anthony Weddington v. Dushan ZateckyCourt of Appeals for the Seventh Circuit · 2013
- Torres-Chavez v. United StatesCourt of Appeals for the Seventh Circuit · 2016
- United States v. Sherman FieldsCourt of Appeals for the Fifth Circuit · 2014
- Ryan v. United StatesCourt of Appeals for the Seventh Circuit · 2011
- Thompson v. United StatesCourt of Appeals for the Seventh Circuit · 2011
26 more not listed; retrieve them via the Exa API.