Hare v. United States, No. 12-2680 (7th Cir. 2012)
Annotate this Case
Hare pled guilty, during trial, to being part of a methamphetamine distribution conspiracy and was sentenced to 292 months in prison. He claims that his counsel had failed to tell him of a pre-trial plea offer involving significantly less prison time than he received in the end. Hare’s previous attempt to win relief from his conviction and sentence under 28 U.S.C. 2255 on other grounds was rejected. He sought permission to file a successive collateral attack on his sentence under 28 U.S.C. 2255(h), claiming ineffective assistance of counsel. The Seventh Circuit dismissed the application. Hare did not have new evidence of his innocence, and could not establish “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” His petition was not supported by Missouri v. Frye, 132 S. Ct. 1399 (2012), which involved a failure to communicate a plea offer for a lower sentence than the defendant actually received when he later pled guilty. The Frye Court merely applied the Sixth Amendment right to effective assistance of counsel according to the test previously articulated in 1984.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.