U.S. v. JUAREZ

No. 09-20764.

672 F.3d 381 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Fernando JUAREZ, also known as Luis Fernandez Juarez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised February 29, 2012.


Attorney(s) appearing for the Case

Lauretta Drake Bahry , Asst. U.S. Atty. (argued), Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., Laura Fletcher Leavitt (argued), Molly Estelle Odom , Asst. Pub. Defenders, Fed. Pub. Defender's Office, Houston, TX, for Defendant-Appellant.

Before REAVLEY, ELROD and GRAVES, Circuit Judges.


GRAVES, Circuit Judge:

The defendant-appellant (Juarez) appeals the district court's decision on his ineffective assistance of counsel claim. Juarez's counsel failed to independently research and investigate the derivative citizenship defense. Citizenship is a defense to the alienage element of both crimes to which Juarez pled guilty. Juarez claims that his counsel's performance was deficient and prejudicial when counsel advised him to enter guilty pleas without consulting...

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