Legal Opinion

United States v. Fernandez

Court of Appeals for the D.C. Circuit

Decided May 21, 2018No. Criminal Action No. 10–18–4 (JDB)Published

1Opinion of the Court

JOHN D. BATES, United States District Judge

Before the Court is [404] Fernandez's motion to set aside his sentence under 28 U.S.C. § 2255. Fernandez pleaded guilty to, and was sentenced on, one count of conspiracy to distribute cocaine knowing and intending that it would be unlawfully imported into the United States. See Judgment [ECF No. 299]. Fernandez had pleaded pursuant to an agreement that contained, among other provisions, a waiver of his right to appeal most aspects of his plea and sentence. See Plea Agreement [ECF No. 247] ¶ 19. In March 2016, Fernandez filed this motion, arguing that…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jones v. BarnesSupreme Court of the United States · 1983
  3. Bousley v. United StatesSupreme Court of the United States · 1998
  4. Martinez v. RyanSupreme Court of the United States · 2012
  5. Massaro v. United StatesSupreme Court of the United States · 2003

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