United States v. Kwan, ___ F.3d ___, 2005 WL 1119652 (9th Cir. May 12, 2005) (defense counsel rendered ineffective assistance of counsel, by correctly advising the defendant prior to entry of plea concerning immigration consequences of disposition of criminal case that deportation was not a serious possibility, but in failing to notify the defendant when, prior to sentence, the law changed and in fact it became a near certainty, where the defendant could have made a motion under F.R.Crim.P. 32(e) to withdraw the plea and attempted to renegotiate the disposition in light of the new legal consequences).
jurisdiction:
Ninth Circuit