(DOWNLOAD) "Godoski v. United States" by Seventh Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Godoski v. United States
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 23, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Prosecuted jointly for bank fraud, Annie Godoski and her husband William both pleaded guilty. Each was sentenced to 366 days imprisonment. With the prosecutors consent, the district court deferred the start of Annies term until 60 days after the end of Williams, so that one of the two always would be available to care for the couples son. After Williams release, and with her own incarceration looming, Annie asked the district court to "commute" her term; on being informed that only the President may commute a sentence, and that district judges lack authority to reduce terms they have imposed, see Fed. R. Crim. P. 35(a), Annie asked the court to issue a writ of error coram nobis to annul her conviction--because, she contends, ineffective assistance of counsel led to her guilty plea. She observes that one lawyer represented two defendants, which she insists worked to her disadvantage. But cf. Mickens v. Taylor, 122 S. Ct. 1237 (2002). The district judge did not address the merits of this contention, however, ruling instead that coram nobis is not available to one who has yet to begin serving a sentence--and that 28 U.S.C. §2255 likewise is unavailable because Annie allowed more than a year to pass after her conviction became final before filing a collateral attack.