DeBartolo v. U.S.

Dist. Ct. erred in denying defendant’s habeas petition alleging that his trial counsel was ineffective in failing to alert defendant to deportation consequences of pleading guilty to charge of manufacture of over 100 marijuana plants prior to defendant entering guilty plea to said charge. Counsel was required to alert defendant of said consequences under Padilla, 559 S.Ct. 356, and defendant’s assertion that he would not have pleaded guilty to said charge had he known of deportation consequences satisfied “reasonable probability” standard that such error was prejudicial. Fact that defendant had received sentence that was substantially below sentencing guideline does not require different result, where instant error deprived defendant of opportunity to negotiate different plea deal for offense that did not make his deportation mandatory.