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VALDEZ v. U.S.

No. 05-CO-435.

906 A.2d 284 (2006)

Servilio VALDEZ, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 31, 2006.

Attorney(s) appearing for the Case

John L. Machado for appellant.

Barry Wiegand, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney, and Roy W. McLeese III, Thomas J. Tourish, Jr., and Michael A. Columbo, Assistant United States Attorneys, were on the brief, for appellee.

Before WASHINGTON, Chief Judge, and REID, Associate Judge, and KING, Senior Judge.

KING, Senior Judge:

Servilio Valdez pleaded guilty to two burglary related charges on May 1, 1989. Almost fifteen years later, he moved to withdraw his guilty plea claiming that he had not been advised of the immigration consequences of pleading guilty, as required by D.C.Code § 16-713 (2001) at the time of his plea. The United States Attorney was not asked to submit a response.1 The Superior Court denied the motion after Valdez failed...

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