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U.S. v. SWABY

No. 15-7616, No. 15-7621.

855 F.3d 233 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Philip SWABY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Philip Swaby, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 24, 2017.

Attorney(s) appearing for the Case

ARGUED: Bradley Nelson Garcia , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. Aaron Simcha Jon Zelinsky , OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. ON BRIEF: Jeremy Maltby , David K. Roberts , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. Rod J. Rosenstein , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Reversed, vacated, and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Thacker joined.

Philip Swaby brings a Sixth Amendment ineffective assistance of counsel challenge to his conviction, which led to his deportation as an aggravated felon. While Swaby's counsel provided deficient performance, the district court determined that the deficient performance did not prejudice his defense because the court corrected...

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