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Criminal Procedure – Ineffective assistance – immigration consequences

By: WISCONSIN LAW JOURNAL STAFF//June 26, 2015//

Criminal Procedure – Ineffective assistance – immigration consequences

By: WISCONSIN LAW JOURNAL STAFF//June 26, 2015//

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U.S. Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure – Ineffective assistance – immigration consequences

Even if a defendant faced a longer prison term if convicted at trial, his willingness to face that chance now shows that he would have reasonably done so, had he known that pleading guilty would mean certain deportation.

“DeBartolo unquestionably wants to roll the dice, which is strong evidence that he also would have chosen to roll the dice four years ago had he known about the deportation threat. He faces the same risk of conviction and a long sentence now that he did then. His personal choice to roll the dice is enough to satisfy the ‘reasonable probability’ standard.”

Reversed.

14-3579 DeBartolo v. U.S.

Appeal from the United States District Court for the Northern District of Indiana, Miller, J., Posner, J.

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