Eleventh Circuit Court of Appeals - Published Opinions
Tuesday, May 19, 2015
Rosin: Evidence Contradicted Ineffective Assistance of Counsel Claim
In Rosin v. U.S., No. 14-10175 (May 14, 2015), the Court affirmed the denial of an evidentiary hearing to a defendant convicted of health care fraud who claimed in a § 2255 petition that his lawyers were ineffective for grossly underestimating the sentence Rosin would receive and failing to pursue a plea bargain. The Court noted that Rosin’s lawyers filed affidavits stating that he professed his innocence and insisted on going to trial. While testifying at trial, Rosin blamed others for his plight. At sentencing, Rosin did not accept personal responsibility for the conduct alleged. Thus, the record evidence contradicted Rosin’s claim that he would have accepted a guilty plea and not insisted on going to trial but for trial counsels’ alleged error.