UNITED STATES of America, Plaintiff-Appellee,
v.
Shahzad MATHUR, a/k/a Shazad Mathur, a/k/a Shahzu Mathur, a/k/a Shah Mathur, a/k/a Shane, Defendant-Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 26, 2012.
Decided: July 11, 2012.
Attorney(s) appearing for the Case
ARGUED: Kirsten Elena Small , Nexsen Pruet, LLC, Greenville, South Carolina, for Appellant. Kristine L. Fritz , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: James D. Galyean , Nexsen Pruet, LLC, Greenville, South Carolina, for Appellant. Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Seth M. Wood , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WYNN and Judge DIAZ joined. Judge NIEMEYER also wrote a separate opinion in support of the judgment.
United States Court of Appeals, Fourth Circuit.
OPINION
NIEMEYER, Circuit Judge:
The issue presented in this appeal is whether the right recognized in Padilla v. Kentucky, ___ U.S. ___, 130 S.Ct. 1473, 1486, 176 L.Ed.2d 284 (2010), which held that the Sixth Amendment right to counsel requires defense lawyers to inform their clients whether a plea agreement carries a risk of deportation, is a new right that has been made retroactively applicable to cases on collateral...
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