Rosin v. United States, No. 14-10175 (11th Cir. 2015)
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Petitioner, convicted of thirty-five counts of health care fraud and thirty-five counts of making false statements related to health care matters, appealed the district court's denial of his motion to vacate his conviction under 28 U.S.C. 2555. Petitioner contended that his trial counsel rendered ineffective assistance by grossly underestimating the sentence that he could receive if he were convicted at trial and by failing to pursue a plea bargain. Petitioner is currently serving a 264-month term of imprisonment. The court concluded that petitioner failed to show that his trial counsels’ alleged deficient performance prejudiced him, and his allegations are affirmatively contradicted by the record evidence. Accordingly, the court affirmed the judgment. The court noted that, although it generally preferred that a district court simply hold an evidentiary hearing, in this circumstance the court found that the district
court did not go so far as to abuse its discretion in denying petitioner's section 2255 motion without affording him an evidentiary hearing.
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