RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 18a0221p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT DAYNEL L. RODRIGUEZ-PENTON, ┐ Petitioner-Appellant, │ │ > No. 15-6306 v. │ │ │ UNITED STATES OF AMERICA, │ Respondent-Appellee. │ ┘ Appeal from the United States District Court for the Western District of Kentucky at Louisville. Nos. 3:11-cr-00130-1; 3:14-cv-00547—Charles R. Simpson, III, District Judge. Argued: May 2, 2018 Decided and Filed: October 2, 2018 Before: DAUGHTREY, STRANCH, and THAPAR, Circuit Judges. _________________ COUNSEL ARGUED: Doron M. Kalir, CLEVELAND-MARSHALL COLLEGE OF LAW, Cleveland, Ohio, for Appellant. Terry M. Cushing, UNITED STATES ATTORNEY’S OFFICE, Louisville, Kentucky, for Appellee. ON BRIEF: Doron M. Kalir, CLEVELAND-MARSHALL COLLEGE OF LAW, Cleveland, Ohio, for Appellant. Terry M. Cushing, Candace G. Hill, Russell M. Coleman, UNITED STATES ATTORNEY’S OFFICE, Louisville, Kentucky, for Appellee. STRANCH, J., delivered the opinion of the court in which DAUGHTREY, J., joined. THAPAR, J. (pp. 11–18), delivered a separate dissenting opinion. No. 15-6306 Rodriguez-Penton v. United States Page 2 _________________ OPINION _________________ JANE B. STRANCH, Circuit Judge. Petitioner Daynel L. Rodriguez-Penton, a lawful permanent resident from Cuba, appeals the district court’s denial of his motion to vacate his sentence under 28 U.S.C. § 2255. He argues that his counsel performed deficiently by failing to warn him of the adverse immigration consequences of pleading guilty and that he was prejudiced by this failure. The district court denied his motion, relying on the standard for ineffective assistance of counsel claims set forth in Hill v. Lockart, 474 U.S. 52 (1985). But the legal landscape for such claims has changed in material ways since Hill, especially in the context of non-citizens faced with criminal charges. Because the district court applied the wrong analytical framework, we REVERSE and REMAND for further proceedings consistent with this opinion. I. BACKGROUND Rodriguez-Penton, now twenty-nine years old, moved from Cuba to the United States with his parents when he was fifteen. He has lived in Louisville, Kentucky since his arrival and is a permanent resident in possession of a green card. In 2011, the Government indicted Rodriguez-Penton and his parents on a single count of conspiracy to distribute and possess Oxycodone, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C). The Government dismissed the charges against Rodriguez-Penton’s parents approximately six months after indictment. Rodriguez-Penton was detained pending trial and represented by retained counsel William M. Butler. Rodriguez-Penton cooperated with the Government at first, but eventually stopped, in large part because he feared for his family’s safety. The Government offered Rodriguez-Penton at least two separate plea deals in the year after his arrest, including one verbal offer and one written offer for a six-year sentence. Rodriguez-Penton eventually moved for re- arraignment. At the re-arraignment hearing in October 2012, he entered an open guilty plea to the single charge in the indictment. No. 15-6306 Rodriguez-Penton v. United States Page 3 Rodriguez-Penton’s Cuban citizenship arose at three points during the plea hearing. First, when Rodriguez-Penton mentioned ...
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