Dist. Ct. did not err in denying defendant’s habeas petition challenging his guilty plea to charge of sexual abuse of his minor daughter under 28 USC section 2243(a)(1), as well as his 96-month term of incarceration, even though defendant argued that his trial counsel was ineffective for advising him that he met statutory elements of said offense and for not explaining that his prior bad conduct could be considered at sentencing. Defendant’s admitted facts in revised plea agreement indicating that defendant attempted to rape his daughter by placing his penis in her anus, which were sufficient to support conviction for sexual abuse of minor. Moreover, Dist. Ct. could properly credit defendant’s trial counsel who indicated that he advised defendant that his prior assaults would be disclosed in presentence report, and defendant was otherwise told five times during his plea hearing that he could receive up to 15 years’ imprisonment, even though his counsel had estimated applicable sentencing range was 37 to 46 months’ incarceration.
Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel