United States v. Rose

I join the majority’s opinion on all issues except the appellant’s ineffective assistance of counsel claim. There I must respectfully dissent.

As the majority notes, affirmatively misleading a criminal defendant about significant collateral consequences of a criminal conviction can rise to the level of ineffective assistance of counsel. United States v. Kwan, 407 F.3d 1005, 1015-16 (9th Cir.2005); United States v. Couto, 311 F.3d 179, 187-88, 191 (2d Cir.2002). However, this is not such a case. Rather, for the reasons set forth below, I find the appellant failed to establish an affirmative…