Martin v. United States, No. 18-12643 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit affirmed the district court's denial of a petition for habeas relief. Petitioner argued that he would not have pleaded guilty to access device fraud and aggravated identity theft but for his counsel's erroneous advice concerning the deportation consequences of his plea. The district court assumed, without deciding, that petitioner's attorney's performance was deficient.
The court declined to assume that counsel's performance was deficient and held, instead, that counsel's performance was not deficient and petitioner failed to satisfy his claim for ineffective assistance of counsel. In this case, counsel could not have predicted the district court's fraud loss findings. Furthermore, the court held that the district court did not abuse its discretion in denying an evidentiary hearing under 28 U.S.C. 2255.