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Plea Withdrawal
By: Derek Hawkins//November 11, 2019//
Listen to this article7th Circuit Court of Appeals
Case Name: United States of America v. Sergio Marguerito Zacahua
Case No.: 16-4046
Officials: EASTERBROOK, HAMILTON, and ST. EVE, Circuit Judges.
Focus: Plea Withdrawal
Defendant-Appellant Sergio Zacahua requests that we vacate his guilty plea because the district court failed to inform him of the potential immigration consequences of his plea, as Federal Rule of Criminal Procedure 11(b)(1)(O) requires. The government concedes, and we agree, that the district court failed to give Zacahua this admonishment. But because Zacahua does not demonstrate a reasonable probability that, had the district court provided this warning, he would not have pleaded guilty, we affirm.
Affirmed
Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.
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