Legal Opinion

Richard Magana v. Gerald Hofbauer

Court of Appeals for the Sixth Circuit

Decided August 28, 2001No. 99-2107PublishedCited by 98 opinions

1Opinion of the Court

OPINION

MOORE, Circuit Judge.

Petitioner-Appellant Richard Magana appeals the district court’s denial of his petition for habeas corpus relief. Magana was convicted by a jury in Michigan state court of two drug offenses and sentenced to two mandatorily consecutive terms of ten to twenty years’ imprisonment. Maga-na’s sole claim in his habeas petition is that he received ineffective assistance of counsel during the plea negotiation process. Magana claims that his trial attorney advised him to turn down the government’s plea offer based upon the attorney’s erroneous belief that the maximum to…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Hill v. LockhartSupreme Court of the United States · 1985
  4. Rose v. LeeCourt of Appeals for the Fourth Circuit · 2001
  5. United States v. MorrisonSupreme Court of the United States · 1981

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3Cited by98 opinions

  1. Grindstaff v. StateTennessee Supreme Court · 2009
  2. Robert Moss (99-1951 01-1797) and Ronald Kohn (01-1610) v. United StatesCourt of Appeals for the Sixth Circuit · 2003
  3. Cortez Miller v. Dennis M. Straub, Warden, Kermit Eldridge Haynes v. Luella Burke, Warden, Saginaw Correctional FacilityCourt of Appeals for the Sixth Circuit · 2002
  4. Jackie Humphress v. United StatesCourt of Appeals for the Sixth Circuit · 2005
  5. Bullock v. CarverCourt of Appeals for the Tenth Circuit · 2002

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