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Friday, January 10, 2014

Ind. Decisions - 7th Circuit decides one Indiana case today

In JULIO CESAR CHAVARRIA v. UNITED STATES OF AMERICA (ND Ind., Van Bokkelen), a 7-page opinion, Judge Cudahy writes:

This case involves an ineffective assistance of counsel claim concerning the effect of Chavarria’s guilty plea on his immigration status. Defendant Julio Cesar Chavarria, born in Mexico, became a legal permanent resident of the United States in 1982. In 2009, Chavarria was charged with, and pleaded guilty to, four counts of distributing cocaine. * * *

The district court correctly concluded that it was bound by Chaidez and that Padilla had no retroactive effect on Chavarria’s case. Having determined that the distinction between affirmative misadvice and failure to advise does not somehow evade the non‐retroactivity of Padilla, we AFFIRM.

Posted by Marcia Oddi on January 10, 2014 04:58 PM
Posted to Ind. (7th Cir.) Decisions