United States v. Delgado-Ornelas, 10th Cir. (2017)
United States v. Delgado-Ornelas, 10th Cir. (2017)
Plaintiff - Appellee,
v. No. 17-3053
(D.C. Nos. 6:15-CR-10141-EFM-1
FERNANDO DELGADO- and 6:16-CV-01422-EFM)
ORNELAS, (D. Kan.)
Defendant - Appellant.
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This appeal involves the denial of relief under 28 U.S.C. 2255. The
Delgado pleaded guilty. The district court accepted the plea and imposed a
prison term of 37 months. According to Mr. Delgado, his attorney provided
rejected this claim, reasoning that the plea colloquy belied the alleged
promise and that the alleged ineffectiveness would not have been
prejudicial.
U.S. 322, 336 (2003). Where, as here, the district court has dismissed a
petitioners 2255 claim on the merits, the petitioner must show that the
Robert E. Bacharach
Circuit Judge