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GUMBS v. UNITED STATES

July 6, 1998

PERRY GUMBS, Petitioner,
v.
UNITED STATES OF AMERICA.



The opinion of the court was delivered by: PARKER

DECISION AND ORDER

 PARKER, Districrt Judge

 By Petition docketed December 2, 1997, pursuant to 28 U.S.C. § 2255, Perry Gumbs seeks to vacate a Judgment of Conviction based on a gulity plea entered April 22, 1996. *fn1" Pursuant to a written plea agreement, Petitioner pled guilty to an information charging him with conspiracy to possess cocaine, with intent to distribute, in violation of 21 U.S.C. § 846. In this Petition, Gumbs claims ineffective assistance of counsel on the ground that he was not advised by the Court of the possible adverse consequences for his immigration status as a result of his gulity plea, and that, contrary to his expectations, he now faces deportation.

 The Court has reviewed the docket entries, the Judgment of Conviction, the minutes of the proceeding at which the plea of guilty was entered, as well as other pertinent portions of the record.

 Petitioner claims that at the time he entered his guilty plea he was unaware that possible adverse consequences for his immigration status might arise. This is without merit. Contrary to Petitioner's submission, during his plea allocution, the possible effects of a guilty plea on his immigration status were the subject of specific inquiry of by the Court:

 
The Court: Okay. I think you indicated that you are not a U.S. citizen?
 
The Defendant: Yes, sir.
 
The Court: Are you aware that the guilty plea might affect your immigration status in this country and that's something you should discuss with our lawyer.
 
The Defendant: No, sir.
 
(Defendant conferring with counsel)
 
Mr. Rinaldo: We are ready to proceed.
 
The Court: Okay. Mr. Gumbs you had a conference with your attorney. Are you now aware that there is a possibility that this plea might affect or have have some impact on your status in this country?
 
The Defendant: Yes, sir.

 The fact that, in hindsight, his attorney's advice -- which Gumbs now claims was that there probably would be no adverse consequences -- proved to be incorrect falls far short of establishing ineffective assistance of counsel. See Strickland v. ...


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