The appellant argues that the district court erred in denying, without conducting an evidentiary hearing, the appellant's claim that his trial counsel was ineffective in failing to properly advise him on the sentence he would have faced had he accepted the government's plea offer. The appellant's affidavit constitutes competent evidence sufficient, if believed, to establish that his counsel predicted a 36-month sentence if he accepted the government's plea deal. The district court's order is vacated and remanded. 5th U.S. Circuit Court of Appeals, No. 12-31005, 06-06-2013.
United States v. Reed
June 12, 2013