Allen v. United States, No. 15-3607 (8th Cir. 2017)
Annotate this CasePetitioner plead guilty to conspiring to distribute more than 1,000 kilograms of marijuana and possessing with intent to distribute more than 100 kilograms of marijuana. Petitioner sought habeas relief under 28 U.S.C. 2255 based on ineffective assistance of counsel. The district court denied the petition without an evidentiary hearing and this court granted a certificate of appealability (COA). The court concluded that petitioner failed to show a substantial likelihood that he would have accepted the offer to plead guilty pursuant to the more favorable terms offered prior to the suppression hearing. Consequently, petitioner has not proven that counsel's advice prejudiced his defense. The court also concluded that the district court did not abuse its discretion by denying petitioner's section 2255 petition without an evidentiary hearing. Accordingly, the court affirmed the judgment.
Court Description: Gruender, Author, with Smith, Chief Judge, and Benton, Circuit Judge] Prisoner case - habeas. For the court's opinion in Allen's direct appeal, see U.S. v. Allen, 705 F.3d 367 (8th Cir. 2013). Allen failed to show a substantial likelihood that he would have accepted the offer to plead guilty pursuant to the more favorable terms offered prior to the suppression hearing if his attorney had advised him of the possibility of a life sentence; the district court did not err in denying the habeas petition without an evidentiary hearing.
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