Resnick v. U.S.

1 Citing case

  1. United States v. Rashid

    No. CR S-04-0357 MCE DAD P (E.D. Cal. Apr. 12, 2010)   Cited 2 times
    Holding that a prisoner claiming that his attorney would guarantee the prisoner a specific sentence was palpably incredible

    To hold otherwise would invite an onslaught of frivolous petitions seeking to invalidate plea agreements on the basis of alleged and unsubstantiated promises made by counsel.Resnick v. United States, No. C 07-02885 MHP, 2008 U.S. Dist. LEXIS 37338, at *9 (N.D. Cal. May 7, 2008) (denying an evidentiary hearing in connection with a motion for relief under § 2255 where the record contradicted petitioner's claim that his counsel promised him a 77-month sentence). See also United States v. Flores-Vasquez, No. 06-CV-2458 J, 2007 U.S. Dist. LEXIS 38980, at *5-8 (S.D. Cal. May 29, 2007) (denying relief under § 2255 on a claim of ineffective assistance of counsel because the record controverted petitioner's allegations).