Post plea deal-after sentencing-can case be reviewed for misconduct/entrapment by federal agents?
Delray Beach, FL
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Posted about 1 month ago in Federal Crime
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My brother plead guilty to drug conspiracy charges, currently serving 9 years. I think entrapment was most definitely the case-he has no predisposition, decorated vet, tough life, no support from employer, and was transferred twice to facilitate his meeting undercover. Conf. Imformant initiated contact paid him money for non illegal activity, befriended him and then set him up to meet undercover agents.
We did not have $ for a trial defense and were able to pay a private attorney to get him a plea deal. Everything I am reading about entrapment applies here? What are our options? Answers (3)Linda Friedman Ramirez
This attorney is licensed in Florida and 1 other state.
Posted about 1 month ago.
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You don't mention the date of his conviction and when judgment might have been entered,
I cannot advise your brother, or you, but generally there is a one year statute of limitations for habeas relief based on ineffective assistance of counsel, ies. 28 USC 2255. On the other hand, it is impossible to advise you as to whether he might still be able to seek relief. This is a fairly complex area of the law. As a general rule, an attorney who is retained to represent an accused in a federal criminal case shoud not recommend a plea based on the availability of funds. This is because a defendant is entitled to court appointed counsel, and often in federal courts, these attorneys are well qualified. It could be that defense counsel might have recommended that your brother accepted the plea deal based on a number of factors, including the potential risk of a much greater sentence if he was convicted at trial. Also, defense counsel and your brother might not share with you all facts, which might bear on a decision to plead guilty. Unfortunately there are no guarantees that an "innocent" defendant be acquitted at trial. In any event, you might contact an experienced criminal defense attorney and ask for an opinion based on the specifics. Good luck.
Carlos Gonzalez
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