(DOWNLOAD) "United States v. Monzon" by 2003 United States Court of Appeals for the Second Circuit August Term # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Monzon
- Author : 2003 United States Court of Appeals for the Second Circuit August Term
- Release Date : January 18, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Submitted: October 27, 2003 Defendant Judith Monzon (""Monzon"") appeals from a judgment entered in the United States District Court for the Southern District of New York following her plea of guilty before Denise Cote, Judge, convicting her of conspiracy to distribute and to possess with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 846, and sentencing her principally to 97 months' imprisonment. Monzon's plea was entered pursuant to an agreement in which she promised, inter alia, not to appeal her sentence if she received a prison term of 121 months or less. Monzon has appealed, contending that her appeal waiver is unenforceable and that she is entitled to be resentenced because she received ineffective assistance of counsel. Following the filing of Monzon's initial brief on appeal asserting these contentions, this Court granted a motion by the government for a remand to the district court to permit development of the record on the ineffective-assistance-of-counsel claim. See United States v. Monzon, No. 00-1304 (2d Cir. Jan. 9, 2001) (""Monzon I""). On remand, following an evidentiary hearing, the district court concluded that the claim was without merit. See United States v. Monzon, No. 99 CR. 157 (DLC), 2001 WL 883647, at *15, *18 (S.D.N.Y. Aug. 6, 2001) (""Monzon II""). Monzon now renews her contentions that she received constitutionally ineffective assistance and that her waiver of the right to appeal is not enforceable. Finding no merit in any of her arguments, we conclude that the appeal should be dismissed. I. BACKGROUND
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