Carmichael v. United States, No. 17-13822 (11th Cir. 2020)
Annotate this CaseThe Eleventh Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2255 motion seeking to vacate his sentence. In this case, the parties do not dispute that counsels' performance was deficient because of their failure to communicate petitioner's potential total sentence and the application of the sentencing guidelines, failure to seek a negotiated plea, and failure to relay to petitioner the plea offers discussed. However, the court held that petitioner failed to show that, but for counsels' deficient performance, the results of his criminal proceedings would be different. Therefore, petitioner failed to satisfy the second prong of the Strickland analysis by establishing prejudice.
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