Abraham v. United States, No. 11-3284 (8th Cir. 2012)
Annotate this CasePetitioner pled guilty to possession with intent to distribute cocaine. On appeal, petitioner challenged the district court's denial of his motion for reconsideration, arguing that his counsel was ineffective in failing to advise him of the immigration consequences of his guilty plea. Because petitioner could not demonstrate prejudice under Strickland v. Washington, he was not entitled to relief.
Court Description: Prisoner case - habeas. In appeal of the denial of a Section 2255 petition alleging counsel was ineffective for failing to advise Abraham of the immigration consequences of his guilty plea, the court need not decide whether Padilla v. Kentucky, 130 S.Ct. 1473 (2010) applies retroactively on collateral review because, even if it does, Abraham cannot satisfy Strickland's prejudice prong because the PSR indicated a likelihood that he would be deported if convicted and he confirmed that he had read the PSR, had discussed it with his attorney and understood it.
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