Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Plaintiff was found guilty of multiple crimes arising from a kidnapping and was sentenced to 43 years in prison. Plaintiff then moved for relief under 28 U.S.C. ยง 2255, arguing that his counsel was ineffective for failing to provide enough advice about a plea offer. The district court denied the motion without an evidentiary hearing and plaintiff appealed. The Seventh Circuit affirmed, finding that even if counsel provided deficient advice about the plea deal, plaintiff did not show that he was have accepted it and that he would have received a lower sentence and, as a result, did not demonstrate the requisite prejudice to succeed on an ineffective assistance of counsel claim. (HAMILTON and LEE, concurring)