Kwan

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-50315 Plaintiff-Appellee, v.  D.C. No.

CR-96-00433-SVW

KWOK CHEE KWAN, aka Jeff Kwan,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding

Argued and Submitted December 6, 2004—Pasadena, California

Filed May 12, 2005

Before: Betty B. Fletcher, John T. Noonan, and Richard A. Paez, Circuit Judges.

Opinion by Judge Betty Binns Fletcher COUNSEL

David Ross, Ross, Rose & Hammill, LLP, Beverly Hills, Cal- ifornia, for the defendant-appellant.

John Owens, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

OPINION

B. FLETCHER, Circuit Judge:

Kwok Chee Kwan appeals the district court’s dismissal of his petition for writ of error coram nobis. Kwan’s petition col- laterally attacks his conviction by guilty plea and his sentence on the ground of ineffective assistance of counsel. Because we find that Kwan’s counsel was constitutionally ineffective in affirmatively…