Pilla v. United States, No. 10-4178 (6th Cir. 2012)
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Petitioner, a professor, told the FBI and the university that she had received hate mail at her office. The FBI and the university spent thousands of dollars investigating before she admitted to writing and delivering the mail herself. In light of overwhelming evidence of guilt and unable to obtain testimony to support a claim of diminished capacity, petitioner's attorney encouraged a plea. Because petitioner is a citizen of India, he consulted an immigration attorney, who opined, incorrectly, that the matter was not an aggravated felony and that she would not necessarily be deported. Petitioner pled guilty to violating 18 U.S.C. 1001, was sentenced to six months in prison, and ordered to pay more than $66,000 in restitution. An immigration judge found her removable under 8 U.S.C. 1227(a)(2)(A)(iii) and the BIA dismissed an appeal. In a companion case, the Sixth Circuit agreed. While in prison, petitioner unsuccessfully challenged her sentence, but not her plea or conviction. After completing her sentence, she filed a petition for a writ of coram nobis, arguing ineffective assistance of counsel. The district court denied the motion. The Sixth Circuit affirmed. Petitioner did not show a reasonable probability that she was prejudiced by the incorrect advice.
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