Applicability of the Antideficiency Act to the Peace Corps

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• lack of affidavit from plea counsel did not create inference that defendant's affidavit averring that counsel did not warn him of immigration consequences must be credited
• judge may infer that absence of affidavit from prior counsel \makes the statements in the defendant's affidavit less likely to be true\
• remand where judge assumed defendant's affidavit must be credited in absence of plea counsel's affidavit
• motion judge allowed to \infer that the absence of an affidavit from prior counsel makes the statements in the defendant's affidavit less likely to be true\
• judge may, in exercise of her discretion, consider fact that there is no affidavit from prior counsel on motion for new trial alleging ineffective assistance claim
• motion judge has authority to credit or discredit even uncontradicted assertions in defendant's affidavit

Source: CourtListener parenthetical corpus (CC0).