Legal Opinion
Zhang v. United States
Court of Appeals for the Second Circuit
Decided October 23, 2007No. Docket 05-6662-prPublishedCited by 91 opinions
1Opinion of the Court
WINTER, Circuit Judge:
The government appeals Judge Spatt’s order granting Sean Zhang’s 28 U.S.C. § 2255 petition for habeas corpus and vacating his plea of guilty to mail fraud and resultant sentence of 60 months’ imprisonment. Judge Spatt found that Zhang’s guilty plea was involuntary because the magistrate judge and the prosecutor had affirmatively misled Zhang during the plea colloquy with respect to the likelihood of his being deported as a result of his conviction. Zhang v. United States, 401 F.Supp.2d 233, 243-44 (E.D.N.Y.2005) (“Zhang I”). On appeal, the government principally argues…
2Cases cited18 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Bousley v. United StatesSupreme Court of the United States · 1998
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Massaro v. United StatesSupreme Court of the United States · 2003
- United States v. TimmreckSupreme Court of the United States · 1979
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3Cited by91 opinions
- Puglisi v. United StatesCourt of Appeals for the Second Circuit · 2009
- United States v. ThornCourt of Appeals for the Second Circuit · 2011
- Harrington v. United StatesCourt of Appeals for the Second Circuit · 2012
- Contino v. United StatesCourt of Appeals for the Second Circuit · 2008
- United States v. HoskinsCourt of Appeals for the Second Circuit · 2018
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