United States Fourth Circuit

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US v. Swaby, 15-7616

In a petition for writ of habeas corpus relief from conviction by guilty to trafficking counterfeit merchandise,18 U.S.C. section 2320(a)(1), and deportation as an aggravated felon, the district court's denial of relief is reversed where petitioner's Sixth Amendment ineffective assistance of counsel was violated because he has demonstrated a reasonable likelihood that, but for his counsel's erroneous advice, he could have negotiated a different plea agreement.

Appellate Information

  • Decided
  • Published 2017/04/24




  • United States Fourth Circuit


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