HUTCHINGS v. U.S.

No. 08-3538.

618 F.3d 693 (2010)

Kevin G. HUTCHINGS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2010.


Attorney(s) appearing for the Case

Melissa J. Pastrana (argued), Mayer Brown LLP, Los Angeles, CA, for Petitioner-Appellant.

Joseph H. Hartzler (argued), Office of the United States Attorney, Springfield, IL, for Respondent-Appellee.

Before KANNE and WILLIAMS, Circuit Judges, and SPRINGMANN, District Judge.


KANNE, Circuit Judge.

Kevin Hutchings filed this petition for a writ of habeas corpus under 28 U.S.C. § 2255 after he discovered that the government would not move to reduce his sentence under Federal Rule of Criminal Procedure 35, contrary to what his attorney had allegedly promised him. Hutchings argues that his attorney's false guarantee of a Rule 35 reduction in his sentence violated his Sixth Amendment right to effective assistance of counsel. The district...

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