Chhabra v. United States, No. 10-5020 (2d Cir. 2013)
Annotate this CasePetitioner, a national of India and lawful permanent resident in the United States, pled guilty to one count of receiving Medicare kickbacks and one count of income tax evasion. On appeal, petitioner challenged the district court's denial of his petition for a writ of error coram nobis to vacate his tax evasion conviction on the ground that he received ineffective assistance of counsel in connection with his criminal defense attorney's advice as to the deportation consequences of pleading guilty to that count. The court concluded, based on the entire record, that the district court did not err in concluding that petitioner failed to establish that, if counsel had recommended withdrawal of the plea, petitioner would have accepted that recommendation in order to go to trial. The court also concluded that the district court did not abuse its discretion in ruling that the petition was untimely. Accordingly, the court affirmed the judgment.
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