[Download] "United States America v. Nino" by United States Court of Appeals for the Third Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States America v. Nino
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 16, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
In this case we must decide whether the United States District Court for the District of Delaware abused its discretion by dismissing the habeas corpus petition of petitioner-appellant, Victor Nino, without holding an evidentiary hearing. This habeas corpus petition asserted that petitioners prison sentence must be vacated because he was deprived of his constitutional right to effective assistance of counsel due to his attorneys failure to file a Fed.R.Crim.P. 35(b) motion for reduction of sentence and/or that petitioners conviction must be overturned because he was deprived of his constitutional right to effective assistance of counsel due to his attorneys failure to advise him about the deportation consequences of entering a guilty plea. For the reasons that follow, we conclude that the district court did not abuse its discretion and, therefore, we will affirm its judgment.