Legal Opinion

United States v. Khalaf

District Court, D. Massachusetts

Decided June 22, 1999No. CR 84-185-MAPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

MAZZONE, District Judge.

This matter comes before the Court on defendant’s petition for writs of error co-ram nobis and/or audita querela pursuant to 28 U.S.C. § 1651. The government has filed an opposition. At issue is petitioner’s contention that his guilty plea to a controlled substance offense should be set aside because he received ineffective assistance of counsel when his lawyer wrongly advised him on the law. For the reasons stated, the petition is GRANTED.

I

Petitioner Mohammad Mutie Khalaf is a citizen of Jordan who came to this country as a college student in 1978.…

2Cases cited21 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Mempa v. RhaySupreme Court of the United States · 1967
  3. United States v. MorganSupreme Court of the United States · 1954
  4. United States v. MayerSupreme Court of the United States · 1914
  5. Victor Dennis Marzullo v. State of MarylandCourt of Appeals for the Fourth Circuit · 1977

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3Cited by15 opinions

  1. Denedo v. United StatesCourt of Appeals for the Armed Forces · 2008
  2. Ravidath Ragbir v. United StatesCourt of Appeals for the Third Circuit · 2020
  3. United States v. Maureen ChanCourt of Appeals for the Ninth Circuit · 2015
  4. People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2002
  5. United States v. Castro-TaverasCourt of Appeals for the First Circuit · 2016

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