370 F. Supp. 3d 580
D. Md.2019Background
- Defendant Sheku Deen Yansane, born in Sierra Leone (1983), entered the U.S. on a B-2 visa in 1989, has lived continuously in the U.S., never visited Sierra Leone as an adult, and reasonably believed he was a U.S. citizen.
- Yansane pleaded guilty (April 17, 2018) to possession with intent to distribute marijuana (21 U.S.C. § 841(a)(1)) and possession of a firearm by a convicted felon (18 U.S.C. § 922(g)(1)).
- The plea agreement and the Rule 11 colloquy warned generally that noncitizens may face immigration consequences, but neither defense counsel nor the court verified or corrected Yansane’s belief in his citizenship.
- The Presentence Investigation Report (May 24, 2018) revealed for the first time that Yansane is not a U.S. citizen and likely faces mandatory deportation; an ICE detainer was forthcoming.
- Within about one month of receiving the PSR, Yansane moved to withdraw his guilty plea (filed June 21, 2018), arguing (1) counsel failed to advise or verify immigration status per Padilla, (2) his plea was not knowing because he reasonably believed he was a citizen, and (3) he has a potential suppression-based defense. New counsel was appointed and the court held a hearing.
- The court granted the motion to withdraw the guilty plea, finding Padilla error, a reasonable and material mistaken belief about citizenship, limited delay, and minimal government prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea withdrawal should be allowed under Rule 11(d)(2)(B) | Yansane: plea was not knowing/voluntary because he reasonably believed he was a U.S. citizen and counsel failed to advise/verify immigration status | Government: plea colloquy and written admonition cured any deficiency; no incentive to go to trial because he lacked status | Court: Granted withdrawal — Padilla error + reasonable factual mistake about citizenship raised serious question about knowing plea |
| Whether counsel provided "close assistance of competent counsel" re: immigration advice | Yansane: counsel failed to inform that convictions would automatically render him deportable and did not verify status | Government: counsel reasonably relied on defendant’s and parties’ belief that he was a citizen | Court: Counsel’s silence was deficient under Padilla given clear deportation consequences; factor favors withdrawal |
| Whether defendant credibly asserts legal innocence via potential suppression | Yansane: roommate would testify police entered before warrant, likely leading to suppression and acquittal | Government: suppression motion speculative; defendant admitted guilt at plea | Court: Rejection — suppression possibility does not equal legal innocence; factor does not favor withdrawal |
| Whether delay, prejudice, and judicial resource concerns bar withdrawal | Yansane: moved promptly after PSR disclosure; government consented to continuances | Government: indictment and time elapsed prejudice witness memory and resources | Court: Delay was short and largely attributable to PSR issuance; prejudice and resource effects minimal; factors do not bar withdrawal |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (failure to advise about deportation can be deficient assistance of counsel)
- United States v. Ubakanma, 215 F.3d 421 (4th Cir. 2000) (standard for proving prejudice from counsel error in plea-withdrawal context)
- United States v. Moore, 931 F.2d 245 (4th Cir. 1991) (six-factor test for pre-sentencing plea withdrawal)
- United States v. Lambey, 974 F.2d 1389 (4th Cir. 1992) (strong presumption of plea finality after proper Rule 11 colloquy)
- Lee v. United States, 137 S. Ct. 1958 (2017) (a defendant may rationally choose trial despite likely conviction to avoid deportation; prejudice analysis under Padilla)
- Moncrieffe v. Holder, 569 U.S. 184 (2013) (classification of controlled-substance convictions for immigration consequences)
- United States v. Thompson-Riviere, 561 F.3d 345 (4th Cir. 2009) (standard for credible assertion of legal innocence to withdraw plea)
- United States v. Bowman, 348 F.3d 408 (4th Cir. 2003) (admissions at plea colloquy are presumptively accurate)
- United States v. Akinsade, 686 F.3d 248 (4th Cir. 2012) (court admonition that noncitizens "could be deported" insufficient to cure counsel misadvice)