U.S. v. Delhorno

Federal 7th Circuit Court
Criminal Court
Coram Nobis
Citation
Case Number: 
No. 18-1707
Decision Date: 
February 8, 2019
Federal District: 
E.D. Wisc.
Holding: 
Affirmed

 

Dist. Ct. did not err in denying defendant’s petition for writ of coram nobis, even though defendant argued that his trial counsel was ineffective for failing to advise him of certain negative deportation consequences prior to his pleading guilty to drug distribution charge. Record showed that defendant, who is now deported, failed to file any direct appeal or habeas petition to seek similar relief, and defendant failed to present contemporaneous evidence showing that he would not have pleaded guilty had he been properly advised as to strong potential of deportation following his guilty plea. Moreover, defendant failed to provide any explanation to justify either his failure to file direct appeal/habeas petition with respect to ineffective assistance of counsel issue or his delay in waiting five years to file instant coram nobis petition, where defendant knew in advance of his sentencing hearing that his conviction could lead to his deportation.