Shin Ho Kang v. United States

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, CV 19-4788 DSF

Plaintiff, CR 18-0325 DSF

v. Findings of Fact, Conclusions of Law, and Order DENYING SHIN HO KANG, Motion to Vacate, Set Aside, or Defendant. Correct Sentence; Denial of Certificate of Appealability

Defendant/Movant Shin Ho Kang pleaded guilty to a single count of conspiracy to commit bank fraud. Defendant now alleges that his trial counsel, Karine Basmadjian, failed to provide effective assistance of counsel because she incorrectly told Defendant that he would not be deported if he pleaded guilty and was convicted.

I. Findings of Fact

The Court held an evidentiary hearing on October 30, 2019. The Court heard testimony from Defendant, Defendant’s son, Joseph Kang, Plaintiff’s immigration expert, Steve Chang, Defendant’s trial counsel, Karine Basmadjian, immigration attorney Ashkhen Ashley Gambourian, and rebuttal witness Katie Lee. The Court now makes the following findings of fact: 1. Defendant’s testimony is generally not credible. Most pertinently: a. Defendant’s testimony that Basmadjian advised him…