United States v. Danilo Hernandez

How courts have described this case

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

• holding that courts may rely on “the defendant’s sworn statements, made in open court . . ., that he understood . . . that he was waiving his right to appeal a sentence below [the stipulated maximum sentence]”
• explaining that “ ‘the very product of the alleged ineffectiveness’ cannot fairly be used to bar a claim of ineffective assistance of counsel” (citation omitted)
• noting that the district court was entitled to rely upon defendant’s sworn statements made in open court
• finding that habeas petitioner’s claim of ineffective assistance of counsel in regard to plea agreement and plea hearing failed on the merits where petitioner’s allegations contradicted his plea allocution statements
• finding that waiver of appellate or collateral challenge rights in a plea agreement may be unenforceable where petitioner claims ineffective assistance of counsel in connection with plea agreement itself
• explaining that a district court may rely upon a defendant’s sworn statements, made in open court, in finding that a defendant has not shown deficient performance by his attorney

Source: CourtListener parenthetical corpus (CC0).