Floresca v. McElroy CA1/2
Plaintiff Ernesto Floresca pled guilty in federal district court to nine counts of federal wire and mail fraud in connection with a mortgage fraud investigation by federal law enforcement authorities. At the sentencing hearing, which he personally attended, the federal district court sentenced him to three months in prison, followed by two years of supervised release including three months on home detention. He then sued his criminal defense attorney, respondent James McElroy, seeking more than $100,000 in damages for legal malpractice in connection with his sentence. He contended his attorney had been negligent by failing initially to notice that the prosecutor had recommended the three-month prison term and then failing to contest that recommendation at the sentencing hearing.
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