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CA4 on Coram Nobis, Ineffective Assistance: U.S. v. Akinsade

"Appellant Temitope Akinsade appeals the district court’s denial of his petition for writ of error coram nobis pursuant to 28 U.S.C. § 1651 claiming that he was denied effective assistance of counsel when he plead guilty to embezzlement by a bank employee in violation of 18 U.S.C. §...

Judge Asks Napolitano to Do the Right Thing

"A man who fears his cooperation with a narcotics prosecution in the 1980s will get him killed now that he has been deported to his native Macedonia has lost his attempt to have his guilty plea thrown out. Adnan Asan pleaded guilty to a lesser charge and earned the plaudits of the government for...

Habeas / Coram Nobis Victory in Indiana: Montes-Flores v. USA

"For the reasons explained in this Entry, the motion of Sandra Montes-Flores for relief pursuant to 28 U.S.C. § 2255 or, in the alternative, for a writ of error coram nobis, must be granted. ... Montes-Flores was prejudiced by counsel's failure to inform Montes-Flores that a conviction...

CA2 on Coram Nobis, Strickland, Prejudice: Kovacs v. U.S.

"We conclude that a defense lawyer’s incorrect advice about the immigration consequences of a plea is prejudicial if it is shown that, but for counsel’s unprofessional errors, there was a reasonable probability that the petitioner could have negotiated a plea that did not impact immigration...

CA9 on IAC, Coram Nobis, Padilla, Teague: USA v. Chan

"Appellant Maureen Elaine Chan, a/k/a Maureen Ridley (“Chan”), appeals the district court’s dismissal of her petition for a writ of error coram nobis. This case requires us to determine the retroactivity of our prior decision in United States v. Kwan, 407 F.3d 1005 (9th Cir. 2005...