United States v. Kwan, ___ F.3d ___, 2005 WL 1119652 (9th Cir. May 12, 2005) (defense counsel's ineffective assistance of counsel, in failing to notify the defendant when, prior to sentence, the law changed and in fact deportation changed from a mere possibility to a near certainty, was prejudicial 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, or attempted to obtain a sentence of two days less, and lost the opportunity for a favorable exercise of discretion).

jurisdiction: 
Ninth Circuit

 

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