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Roy v. U.S.

If Immigration Consequences Known, Court Would Have Granted One-Day Sentence Reduction

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OPINION AND ORDER On October 19, 2017, the petitioner, Anik Roy, pleaded guilty pursuant to a plea agreement to Counts I and II of an indictment. Count I charged the petitioner with conspiracy in violation of 18 U.S.C. §371 to violate 18 U.S.C. §641; Count II charged the petitioner with the substantive offense of theft of Government funds, in violation of 18 U.S.C. §641 and 2. By pleading guilty pursuant to the plea agreement, the petitioner avoided pleading guilty to Count III of the indictment, which charged him with aggravated identity theft, in violation of 18 U.S.C. §§1028A(a)(1), 1029(b)(2), and 2, a charge that was dismissed at sentencing.On February 26, 2018, this Court sentenced the petitioner primarily to a term of six months’ imprisonment and a three-year term of supervised release with a condition of six months’ home confinement on Count I and II, to run concurrently. As a result of his conviction and sentence, the petitioner, a noncitizen, is subject to mandatory removal under 8 U.S.C. §1227(a)(2)(A)(iii) for committing aggravated felonies.The petitioner timely filed a habeas petition under 28 U.S.C. §2255, seeking to set aside his conviction and sentence on grounds of alleged ineffective assistance of counsel. For the reasons explained below, the petition is granted in part.I.The petitioner entered the United States from Bangladesh sometime in late 2007 or 2008 with a diversity visa. Pet. Ex. E at

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