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ZHANG v. U.S.

Docket No. 05-6662-pr.

506 F.3d 162 (2007)

Sean ZHANG, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 23, 2007.

Attorney(s) appearing for the Case

Gary Schoer, Syosset, NY, for Petitioner-Appellee.

Carrie Capwell, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief, and Peter A. Norling, Assistant United States Attorney, of counsel), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Respondent-Appellant.

Before: WINTER, CABRANES, Circuit Judges, and KORMAN, District Judge.

WINTER, Circuit Judge:

The government appeals Judge Spatt's order granting Sean Zhang's 28 U.S.C. § 2255 petition for habeas corpus and vacating his plea of guilty to mail fraud and resultant sentence of 60 months' imprisonment. Judge Spatt found that Zhang's guilty plea was involuntary because the magistrate judge and the prosecutor had affirmatively misled Zhang during the plea colloquy with respect to the likelihood of his being deported as a result of his...

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