United States v. Scruggs, No. 11-60564 (5th Cir. 2012)
Annotate this CaseDavid Scruggs pleaded guilty to a one-count superseding information charging misprision of a felony. After he was released from prison but before the conclusion of his term of supervised release, Scruggs filed a motion to vacate conviction pursuant to 28 U.S.C. 2255. After a hearing, the district court denied Scruggs's section 2255 motion and granted a certificate of appealability on three issues. The Fifth Circuit Court of Appeals affirmed, holding (1) because the information charged an offense against the laws of the United States, Scruggs's claim that, under Skilling v. United States, the district court lacked jurisdiction to accept his guilty plea was without merit; (2) Scruggs failed to prove ineffective assistance of counsel based on a conflict of interest; and (3) Scruggs failed to show that alleged governmental misconduct induced him to plea guilty.
The court issued a subsequent related opinion or order on August 17, 2012.
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