United States v. Kayode, No. 12-20513 (5th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to mail fraud, aggravated identity theft, and unlawful procurement of naturalization. Defendant petitioned the court to vacate his plea agreement under 28 U.S.C. 2255. The district court granted the government's motion for summary judgment and denied the section 2255 motion and certificate of appealability. The court subsequently granted a certificate of appealability (COA) on the issue of whether counsel rendered ineffective assistance by failing to inform defendant of the deportation consequences associated with his guilty plea. The court concluded that defendant submitted sufficient evidence to create a genuine issue of material fact as to whether his counsel's assistance was constitutionally deficient under the first prong of Strickland v. Washington. However, defendant had failed to meet his burden of showing prejudice under the totality of the circumstances, including defendant's evidence to support his assertion, his likelihood of success at trial, the risks defendant would have faced at trial, defendant's representations about his desire to retract his plea, his connections to the United States, and the district court's admonishments. Accordingly, the court affirmed the district court's grant of summary judgment.
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