United States v. Legarda, No. 11-8073 (10th Cir. 2011)
Annotate this CasePro se prisoner Defendant-Appellant Jesus Legarda sought a certificate of appealability (COA) to appeal the district court's denial of his motion to vacate, set aside or correct his sentence. In March 2006, Defendant pled guilty to participation in a conspiracy to distribute methamphetamine; in March 2008 he was sentenced to prison for 210 months. His counsel filed an "Anders" brief on appeal; the Tenth Circuit dismissed the appeal for want of a non-frivolous ground and allowed counsel to withdraw. Defendant argued on appeal that he received ineffective assistance of counsel because his counsel failed to object to the length of his sentence, and that his attorney permitted him to plead guilty without seeking a competency evaluation to ensure he was fit to enter a plea and test whether he was entitled to a downward departure from the sentencing guidelines. Finding no violation of his constitutional rights, and that "reasonable jurists could not debate" the district court's judgment in this case, the Tenth Circuit affirmed Defendant's conviction and sentence.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.