Estremera v. United States, No. 12-2043 (7th Cir. 2013)
Annotate this CaseEstremera was convicted of conspiring to distribute cocaine plus possessing a firearm despite an earlier felony conviction and sentenced to life imprisonment. The Seventh Circuit affirmed in 2007. Estremera sought collateral relief under 28 U.S.C. 2255, claiming that his lawyer had misstated the terms of a plea bargain proposal. The district court denied the petition in 2012 without holding a hearing. The Seventh Circuit reversed. There was insufficient evidence to determine whether the petition was timely, given Estremera’s assertions of his own diligence and of abandonment by counsel. With respect to Estremera’s request that the prosecution be required to offer the original deal again, the court noted that it no longer possible for the defendant to fulfill promises that would have been valuable to the prosecutor, had a deal been struck before trial and that, assuming that it proceeds to the merits, the district court may think it prudent to await the Supreme Court’s opinion in Titlow before crafting a remedy.
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