United States v. Juarez, No. 09-20764 (5th Cir. 2012)
Annotate this CaseDefendant pled guilty to lying about his U.S. citizenship on a Firearms Transaction Record form which he completed while attempting to purchase a handgun. Defendant also pled guilty to illegal re-entry to the United States after deportation following a conviction for an aggravated felony. Defendant appealed the district court's decision on his ineffective counsel claim where defendant claimed counsel failed to independently research and investigate the derivative citizenship defense. The court concluded that defendant's guilty pleas were not entered knowingly or voluntarily because counsel advised him without investigating derivative citizenship. Accordingly, the court reversed the district court's decision and remanded for further proceedings.
The court issued a subsequent related opinion or order on February 29, 2012.
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