United States v. Valdez, No. 18-40495 (5th Cir. 2020)
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The Fifth Circuit affirmed the district court's denial of defendant's 28 U.S.C. 2255 motion to set aside his conviction for being a felon in possession of a firearm. The court granted a certificate of appealability on defendant's claim that before he pleaded guilty, he received ineffective assistance of counsel because his trial attorney underestimated the range of imprisonment recommended by the Sentencing Guidelines.
The court held that defendant failed to show prejudice where the evidence does not support defendant's assertion that there is a reasonable probability that he would not have pleaded guilty if he had been adequately counseled as to his actual Guidelines sentencing range. In this case, the record indicates that defendant's decision to plead guilty at the eleventh hour was logically motivated by the exposure of evidence which proved fatal to his affirmative defense, all but guaranteeing a conviction at trial, without any possible sentencing benefits he knew might be available with a plea of guilty.
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