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· 10/9/2015

Efraim Diveroli v. United States

Citations

  • 803 F.3d 1258
  • 2015 WL 5915846

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that it would not have been rational for the defendant to have rejected his plea agreement because of the evidence of his guilt and the lack of any valid defenses
  • no abuse of discretion in denial of a hearing where authority would not otherwise permit relief
  • “‘[T]o obtain relief on this type of claim, a petitioner must convince the court that a decision to reject the plea bargain would have been rational under the circumstances.’”
  • “To obtain relief, Diveroli had to ‘convince the court that a decision to reject the plea bargain would have been rational under the circumstances.’ But the record establishes that Diveroli faced overwhelming evidence of guilt and had no valid affirmative defenses.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Marcus, Pryor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.