Legal Opinion

United States v. Cosmo Fazio

Court of Appeals for the Third Circuit

Decided August 4, 2015No. 13-3111PublishedCited by 26 opinions

1Opinion of the Court

OPINION

CHAGARES, Circuit Judge.

Cosmo Fazio appeals the District Court’s denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. In his motion, Fazio asserted that his plea counsel was ineffective because he failed to warn Fazio properly of the immigration consequences of his guilty plea, as required by the Supreme Court in Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010). Notwithstanding plea counsel’s purported error, the plea agreement— which plea counsel reviewed with Fazio thoroughly — contained a waiver of collateral-attack…

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Padilla v. KentuckySupreme Court of the United States · 2010
  4. Chaidez v. United StatesSupreme Court of the United States · 2013
  5. Mario Lenardo Cradle v. United States of America, Ex Rel. John Miner, Warden, Allenwood Federal Prison CampCourt of Appeals for the Third Circuit · 2002

9 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Jones v. CommonwealthSupreme Court of Virginia · 2017
  2. United States v. Askia WashingtonCourt of Appeals for the Third Circuit · 2017
  3. United States v. Kenneth JamesCourt of Appeals for the Third Circuit · 2019
  4. United States v. Sergio MurilloCourt of Appeals for the Fourth Circuit · 2019
  5. Dilang Dat v. United StatesCourt of Appeals for the Eighth Circuit · 2019

21 more not listed; retrieve them via the Exa API.

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