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Trevor Boutte v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-40415 · judgment February 12, 2018

Certiorari denied · June 18, 2018

Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

Is a federal defendant prejudiced under the Sixth Amendment and Strickland v. Washington if trial counsel fails to inform the defendant that pleading guilty under 18 U.S.C. § 924(c) results in a sentence that is automatically consecutive to any other sentence? And if so, is the defendant entitled to relief under 28 U.S.C. § 2255?

Counsel of record

For petitioner
Michael Mowla
Michael Mowla

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 18 2018
Petition DENIED.
May 29 2018
DISTRIBUTED for Conference of 6/14/2018.
May 25 2018
Waiver of right of respondent United States to respond filed.
May 14 2018
Petition for a writ of certiorari filed. (Response due June 21, 2018)