CA4 on Ineffective Assistance: U.S. v. Carrillo Murillo

U.S. v. Carrillo Murillo

"Appellant prioritized immigration in the plea negotiation process and had a significant reason to do so: avoiding mandatory separation from his family and his home. The qualified statements from Appellant’s plea agreement and equivocal affirmations at his plea hearing do not outweigh the evidence that Appellant’s main priority was remaining in this country with his family. Accordingly, we find the evidence demonstrates a reasonable probability that, had Appellant known the true and certain extent of the consequences of his guilty plea, he would have refused it. We reverse the district court’s judgment and remand to the district court for further proceedings consistent with this opinion."

[Hats off to Steve Spurgin!]