United States v. Aguiar
| Docket Number | 15-3027 |
| Decision Date | 03 July 2018 |
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16 cases
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Byrd v. Skipper
...for that proposition—all of those "supportive" cases also involved active plea negotiations. See United States v. Aguiar , 894 F.3d 351, 354–55 (D.C. Cir. 2018) ; United States v. Swaby , 855 F.3d 233, 237 (4th Cir. 2017) ; United States v. Rodriguez-Vega , 797 F.3d 781, 784–85 (9th Cir. 20......
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Yelizarov v. United States
...of using a fully automatic assault weapon in connection with a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(B)(ii). Aguiar, 894 F.3d at 354. Following this in a superseding indictment, the government charged the defendant with two § 924(c) counts, instead of just one. Id. at 354......
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Rodriguez-Penton v. United States, 15-6306
...this question have all concluded that such a showing would satisfy Strickland ’s prejudice prong. See, e.g. , United States v. Aguiar , 894 F.3d 351, 362 (D.C. Cir. 2018) (remanding for an evidentiary hearing on prejudice and noting that "[t]he Supreme Court did not suggest in Lee that a de......
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Barlow v. Comm'r of Corr.
...that his plea decision would differ if that were so.’ " United States v. Knight , supra, 981 F.3d at 1106, quoting United States v. Aguiar , 894 F.3d 351, 362 (D.C. Cir. 2018). In other words, even assuming that Lee ’s contemporaneous evidence requirement applies to both accepted and reject......
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3 books & journal articles
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Trials
...selection not ineffective assistance because defendant failed to establish prejudice and need for evidentiary hearing); U.S. v. Aguiar, 894 F.3d 351, 355-56 (D.C. Cir. 2018) (counsel’s failure to object to closure of voir dire from public viewing not ineffective assistance because defendant......
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Review Proceedings
...claim because petitioner alleged facts that, if true, showed prejudice resulting from deficiency of counsel); U.S. v. Aguiar, 894 F.3d 351, 361 (D.C. Cir. 2018) (evidentiary hearing required for ineffective-assistance-of-counsel claim because record inconclusive as to whether counsel infor......
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BEYOND STRICKLAND PREJUDICE: WEAVER, BATSON, AND PROCEDURAL DEFAULT.
...at hand rendered their trial fundamentally unfair). At least one court has assumed this argument's viability. See United States v. Aguiar, 894 F.3d 351, 356 (D.C. Cir. 2018) (relying on Weaver to deny an IAC claim based on failure to object to a voir dire courtroom closure because petitione......