Gonzalez v. United States, No. 10-3630 (2d Cir. 2013)
Annotate this CasePetitioner appealed the district court's denial of his 28 U.S.C. 2255 motion to vacate his conviction and sentence based on ineffective assistance of counsel. The court concluded that petitioner was not entitled to discovery, a hearing, or vacatur of his conviction based on his claim of ineffective assistance of counsel with respect to his plea of guilty. The court concluded, however, that petitioner was entitled to resentencing and to be represented by competent counsel at the resentence where counsel's performance was deficient with regard to sentencing and petitioner was prejudiced by counsel's performance.
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