United States Pope, Nos. 03 CR 492, 13 CV 598, 2013 WL 1563038, at *3 n. 2 (E.D.N.Y. April 12, 2013)
Feb 02, 2013OUTCOME: 9 years old Federal Aggravated Felony Criminal Conviction was vacated By Federal Judge
0 R D E R O F D I S M I S S A L UNITED STATES DISTRJCT COURT EASTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA against-JOY POPE , MEMORANDUM & ORDER 03 CR 492 (RID) 13 CV 598 (RJD) Defendan ... t. -------------------------------------------------------X DEARIE, District Judge. Alleging that she was denied her Sixth Amendment right to the effective assistance of counsel in connection with her plea of guilty, on July 30, 2003, to a single count of mail fraud in violation of 18 U.S.C. §1341, defendant Joy Pope moves for a writ of error coram nobis vacating the judgment of conviction entered January 22, 2004. Pope was sentenced to five years ' probation and restitution in the amount of $67,608, all of which she has paid.On the basis of this conviction , immigration officials detained Pope in August 2012 and,following removal proceedings, ordered her deportation. See Order of Removal dated October 19, 2012 (ECF # 11 in 13 CV 598). The Court understands that the order became final on or about February 12, 2013, that Pope is currently in the custody ofimmigration and Customs Enforcement in Minnesota and that her removal is imminent. Pope' s principal claim in her coram nobis application is that the attorney who advised her at the relevant time affirmatively misrepresented the deportation consequences of her guilty plea.
