August 15, 2016 - District Court Grants Federal Habeas Petition (2255) Based on Innefective Assistance of Counsel Claim

August 15, 2016, United States District Court Judge Timothy Corrigan granted Mr. Kent's federal habeas filed under 28 U.S.C. 2255 for his client Juan Cadena.  The issue upon which relief was granted had to do with the failure of defense counsel to object to a breach of a plea agreement by the Government at sentencing.  The Court will be ordering an updated presentence investigation report and setting the matter for a de novo resentencing.  It is possible that the resentencing, if done in conformity with the plea agremeent which had been breached at the earlier sentencing, will result in a 40% lower sentence for Mr. Cadena.  The judge, however, retains discretion to not reduce the sentence - this will be determined at the resentencing to be set in 60-90 days.  The Government in effect conceded error in this case and we acknowledge their candor and professionalism in doing so.