UNITED STATES v. GAVILAN

No. 84-2373.

761 F.2d 226 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Gil Ricardo GAVILAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 28, 1985.


Attorney(s) appearing for the Case

Bush & Donnelly, J. Steven Bush, Dallas, Tex., for defendant-appellant.

Daniel K. Hedges, U.S. Atty., Susan L. Yarbrough, James R. Gough, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before RUBIN, WILLIAMS and DAVIS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

A Cuban refugee was indicted for possession with intent to distribute approximately ten pounds of marijuana. Facing a maximum sentence of five years in prison, $15,000 fine, and a special parole term of at least two years, he entered a guilty plea on the advice of retained counsel. Counsel did not know and, therefore, did not advise the refugee that conviction would prompt the Immigration and Naturalization Service (INS) to revoke the...

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