Rodriguez v. United States

16‐3739‐cv Rodriguez v. United States UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 16th day of April, two thousand eighteen. PRESENT: JOHN M. WALKER, JR., GERARD E. LYNCH, DENNY CHIN, Circuit Judges. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x CLEOPATRA RODRIGUEZ, Petitioner‐Appellant, v. 16‐3739‐cv UNITED STATES OF AMERICA, Respondent‐Appellee. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x FOR PETITIONER‐APPELLANT: MALVINA NATHANSON, New York, New York. FOR RESPONDENT‐APPELLEE: ANDREW D. BEATY, Assistant United States Attorney (Anna M. Skotko, Assistant United States Attorney, on the brief), for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, New York. Appeal from the United States District Court for the Southern District of New York (Preska, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is VACATED and the case is REMANDED for further proceedings. Petitioner‐appellant Cleopatra Rodriguez appeals from a memorandum and order entered October 17, 2016, denying her petition for a writ of error coram nobis seeking to vacate her guilty plea and conviction. We assume the partiesʹ familiarity with the underlying facts, procedural history, and issues on appeal. Rodriguez legally entered the United States in 1994 from the Dominican Republic. In March 2007, she applied for citizenship, and in October 2007, she became a naturalized citizen of the United States. As part of her citizenship application, Rodriguez stated, under penalty of perjury, that she had not committed a crime or offense for which she had not been arrested. In June 2009, however, Rodriguez was indicted, along with ten others, for crimes arising out of an income tax scheme alleged to have occurred between 2006 and 2008. As part of the scheme, different individuals filed for federal and state tax refunds to which they were not entitled and rented apartments under false names to which the ‐ ...

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