Thursday, February 9th, 2017

CA4 on Coram Nobis, Ineffective Assistance: U.S. v. Akinsade

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"Appellant Temitope Akinsade appeals the district court’s denial of his petition for writ of error coram nobis pursuant to 28 U.S.C. § 1651 claiming that he was denied effective assistance of counsel when he plead guilty to embezzlement by a bank employee in violation of 18 U.S.C. § 656, a Class B felony.  For the following reasons, we grant the petition and vacate Akinsade’s conviction. ... we find that counsel’s affirmative misrepresentations that the crime at issue was non-deportable prejudiced Akinsade.  Akinsade has met his burden under prong two of  Strickland.  In doing so, he has also demonstrated that he has suffered a fundamental error necessitating coram nobis relief. ... Accordingly, we grant the petition for writ of error coram nobis and vacate Akinsade’s conviction." -