United States Ninth Circuit

The district court's denial of defendant's habeas corpus motion to vacate his sentence after he pled guilty to wire fraud, money laundering, and criminal forfeiture, is vacated and remanded, where: 1) defendant pled guilty only to honest services fraud and cannot be deemed to have been convicted or sentenced based on a broader charge that was not incorporated into the plea agreement and not acknowledged by defendant as true when he pled guilty; and 2) because the crime to which defendant pled guilty and for which he was incarcerated is no longer a criminal offense, petitioner’s actual innocence overcomes the procedural default of his claim challenging his conviction.

Appellate Information

• Decided 06/18/2013
• Published 06/18/2013

Judges

• TALLMAN

Court

• United States Ninth Circuit

Counsel