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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: 8% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× 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

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, June 18, 2018 · Certiorari denied

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)