Dist. Ct. did not err in denying defendant’s habeas petition seeking to vacate his 327-month sentence on various child pornography charges on grounds that his trial counsel rendered ineffective assistance of counsel in advising defendant to plead guilty to said charges, and that record failed to contain sufficient factual basis to support his conviction on charge of enticement of minor. Defendant sought certificate of appealability on new issue that he was entitled to set aside his sentence because Magistrate Judge had accepted his felony guilty plea in contravention with Federal Magistrate Act and Harden, 758 F.3d 886. Ct., though, found that defendant had procedurally defaulted said issue because had had failed to raise it in Dist. Ct. when he could have done so.
Federal 7th Circuit Court
Criminal Court
Sentencing