· 2/11/1999
United States v. Francisco Granados
Citations
- 168 F.3d 343
- 1999 U.S. App. LEXIS 2037
- 1999 WL 72276
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing and remanding sentence although defendant “failed to raise these arguments in the district court or before this court”
- applying plain error review to claim raised sua sponte by this court
- denying movant’s claim that counsel was ineffective because he incorrectly advised him of the sentence he would receive under the guidelines, but granting relief on the claim that counsel was ineffective for failing to object to an incorrect drug quantity
- when the plea agreement identified a drug quantity for sentencing, the government breached the agreement by not objecting to the higher quantity in the PSR
- “There can be little doubt that the [defendant’s] substantial rights are affected if his prison sentence is longer than it should have been.”
- “a defendant cannot set aside a guilty plea merely because he relied on his attorney’s opinion that the sentence would be a lenient one”
Source: CourtListener parenthetical corpus (CC0).
Judges: Beam, Lay, Loken, Per Curiam
Read full opinion on CourtListenerSourced 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.