United States v. Ramirez-Jimenez, No. 17-3059 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction after he pleaded guilty to unlawful use of identification documents and was sentenced to time served in prison. Defendant alleged that defense counsel provided ineffective assistance in failing to adequately warn him about the immigration consequences of his guilty plea. The court held that the record was sufficient to determine that the ineffective assistance claim was without merit where defense counsel and the district court complied with Padilla v. Kentucky, 559 U.S. 356, 374 (2010). Furthermore, defendant already knew from his ICE custody and prior dealings with immigration officials that deportation was likely.
Court Description: Per Curiam - Before Loken, Benton and Shepherd, Circuit Judges] Criminal case - Criminal law. The advice defendant received at the change-of-plea hearing from defense counsel and the court complied with the Supreme court's decision in Padilla; combined with what defendant knew from his ICE custody and his prior dealing with immigration officials, the court concludes he has not proved and cannot prove his guilty plea was caused by ineffective assistance of counsel. [ November 01, 2018
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