Orley v. United States, No. 11-14989 (11th Cir. 2014)
Annotate this CasePetitioner appealed the denial of his motion to vacate, set aside, or correct his sentence, filed under 28 U.S.C. 2255. The court granted a certificate of appealability concerning whether defendant's trial counsel was ineffective for failing to advise him during plea negotiations that a violation of 18 U.S.C. 1591(b) carried a statutory mandatory minimum sentence as well as potential life term of supervised release; and for failing to object that impermissible double counting occurred at sentencing. The court concluded that petitioner failed to establish that counsel's performance prejudiced him. The court also concluded that the record undeniably established that petitioner refused to accept a plea deal that could have resulted in fewer than five years in prison. The record unambiguously established that petitioner was entitled to no relief and the district court was not required to conduct an evidentiary hearing. Accordingly, the court affirmed the judgment of the district court.
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