· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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