12 Cited authorities
United States v. Parrino
212 F.2d 919 (2d Cir. 1954) Cited 130 timesIn Parrino, a 1954 decision cited by the Majority, we observed that criminal convictions can carry consequences like deportation that have "terrific impact" but that do not "directly flow[]" from a judgment, and we suggested that defendants have no constitutional right to be apprised by counsel of such collateral consequences before entering a guilty plea, no matter how "surprised" they may be by those consequences.
United States v. Sambro
454 F.2d 918 (D.C. Cir. 1971) Cited 75 timesStating that "[w]e presume that the Supreme Court meant what it said when it used the word ' direct'; by doing so, it excluded collateral consequences"
United States v. Santelises
476 F.2d 787 (2d Cir. 1973) Cited 60 timesHolding that a coram nobis attack on guilty plea based on alleged failure of indictment to allege violations of federal law must be rejected "`unless [the indictment] is so defective that it does not, by any reasonable construction, charge an offense for which the defendant is convicted'"
Tseung Chu v. Cornell
247 F.2d 929 (9th Cir. 1957) Cited 51 timesRejecting vagueness challenge to the phrase where intent to defraud was an element of crime
United States v. Briscoe
432 F.2d 1351 (D.C. Cir. 1970) Cited 31 timesDenying defendant's motion to vacate his sentence where he contended that he desired to be deported and had stated that he had been told that a third conviction would result in deportation. The court concluded that "the prosecutor's advice [as to the INS' policy, which, the court noted, was not inaccurate] did not significantly affect the defendant's decision to plead guilty."
Ruis-Rubio v. Immigration Nat. Serv
380 F.2d 29 (9th Cir. 1967) Cited 9 timesIn Ruis-Rubio v. INS, 380 F.2d 29 (9th Cir. 1967), for example, petitioner Ruis-Rubio had entered a nolo plea to a California drug possession offense.
Joseph v. Esperdy
267 F. Supp. 492 (S.D.N.Y. 1966) Cited 6 timesIn Joseph v. Esperdy, 267 F. Supp. 492 (S.D.N.Y. 1966), although not addressing the scope of Fed.R.Crim.P. 11, the court noted that it seemed "onerous" to require a judge to explain collateral consequences such as the possibility of deportation.
Wilson v. Carr
41 F.2d 704 (9th Cir. 1930) Cited 48 timesNo. 6042. June 2, 1930. Appeal from the District Court of the United States for the Central Division of the Southern District of California; Edward J. Henning, Judge. Habeas corpus proceeding by John Walmsley Wilson, opposed by Walter E. Carr, District Director of District 31, United States Immigration Service, at Los Angeles. Writ was dismissed, and petitioner remanded to custody for deportation, by the District Court [ 35 F.2d 537], and petitioner appeals. Reversed. William H. Wylie and H.P.L.
United States v. Holton
228 F.2d 827 (7th Cir. 1956) Cited 7 timesNo. 11521. January 11, 1956. Rehearing Denied February 7, 1956. Matthew Steinberg and Salvatore S. Oddo, Chicago, Ill., for appellant. Robert Tieken, U.S. Atty., Anna R. Lavin, Asst. U.S. Atty., Chicago, Ill., John Peter Lulinski, Asst. U.S. Attys., Chicago, Ill., of counsel, for appellee. Before FINNEGAN, SWAIM and SCHNACKENBERG, Circuit Judges. SCHNACKENBERG, Circuit Judge. Upon the facts set forth in the amended petition for a writ of habeas corpus filed by Silvio Dario Durante, and those facts
Farrington v. King
128 F.2d 785 (8th Cir. 1942) Cited 12 timesNo. 12256. June 26, 1942. Appeal from the District Court of the United States for the Western District of Missouri; Merrill E. Otis, Judge. Proceeding by Charles M. Farrington against M.R. King, Warden Medical Center for Federal Prisoners, Springfield, Missouri, for writ of habeas corpus to obtain the release of the petitioner from custody of the Warden. From an adverse judgment, petitioner appeals. Affirmed. Charles M. Farrington, of Springfield, Mo., appellant, pro se. Maurice M. Milligan, U.S
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal AnalysesDelineating crimes that make alien deportable