RODRIGUEZ v. BUSH

Nos. 14-7297, 15-6716.

842 F.3d 343 (2016)

Nicanor Perez RODRIGUEZ, Petitioner-Appellant, v. Dennis BUSH, Warden, Respondent-Appellee. Nicanor Perez Rodriguez, Petitioner-Appellant, v. Dennis Bush, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 23, 2016.


Attorney(s) appearing for the Case

ARGUED: Matthew Jay Kappel , Greenville, South Carolina, for Appellant. Alphonso Simon, Jr. , Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellee. ON BRIEF: Alan Wilson , Attorney General, John W. McIntosh , Chief Deputy Attorney General, Donald J. Zelenka , Assistant Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Judge Floyd wrote the opinion, in which Judge Keenan and Judge Thacker joined.


Nicanor Perez Rodriguez appeals the order of the district court below denying his 28 U.S.C. § 2254 petition.

Immediately before Rodriguez's state criminal trial for drug trafficking, the trial judge rejected a plea agreement reached between Rodriguez and the state prosecutor. The judge did so off the record, and...

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