United States Fourth Circuit

Defendant's conviction for reentry into the U.S. following removal is vacated, where Defendant's motion to withdraw his guilty plea on the ground that newly discovered evidence showed that he was a citizen had merit because he credibly asserted his legal innocence.

Appellate Information

• Argued 12/05/2008
• Decided 03/26/2009
• Published 03/26/2009

Judges

• Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mary Elizabeth Maguire, Office of the Federal Public Defender, Richmond, Virginia, for Appellant.  Stephen Wiley Miller, Office of the United States Attorney, Richmond, Virginia, for Appellee.   ON BRIEF:  Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia, for Appellant.  Chuck Rosenberg, United States Attorney, Alexandria, Virginia;  N.G. Metcalf, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.