Smith v. Warden of Essex County Jail, Civ. No. 12-2932; U.S. District Court (DNJ); opinion by Debevoise, S.U.S.D.J.; filed November 5, 2012. DDS No. 14-7-xxxx [14 pp.]
In 1986, 8-year-old Augustino Smith was brought to the United States from Jamaica by his mother. In 1997, he pleaded guilty to possession of a controlled dangerous substance with intent to distribute and two counts of robbery. According to Smith, who has continuously asserted his innocence, the assistant public defender assigned to him advised him to plead guilty to reduce his exposure to incarceration, and at no time did anyone mention the immigration consequences of a guilty plea.
