In re the Welfare of Sanek

How courts have described this case

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

• stating that remand is the normal practice unless “the trial record alone conclusively shows that the defendant is entitled to no relief and when the record conclusively shows the contrary”
• giving weight to fact that defense and prosecution both had accurately described government’s burden'to the jury as evidence'that incorrect'instruction on the same point was not plain error
• giving weight to fact that defense and prosecution both had accurately described government's burden to the jury as evidence that incorrect instruction on the same point was not plain error
• treating failure to warn of waiver as harmless where defendant failed 12 UNITED STATES v. ELLIS to offer sufficient factual basis to challenge his priors pursuant to sec- tion 851(c)
• finding it \quite likely\ that a defendant would have accepted a plea offer had he known that his sentencing exposure under the plea deal was 188-262 months, and not 360 months to life
• counsel performed deficiently by wrongly telling defendant he would be sentenced as a career offender

Source: CourtListener parenthetical corpus (CC0).