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Kim v. United States

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Argued February 6, 2002

Appellant Kyu Hong Kim appeals from the denial of his motion to withdraw his guilty plea to one count of possession of an unregistered firearm, in violation of D.C. Code �� 6-2311, -2376 (1995); and carrying a pistol without a license (“CPWOL”), in violation of � 22-3204 (1996). He claims that his lawyer rendered ineffective assistance of counsel by incorrectly advising him of the deportation consequences of his guilty pleas, and that the trial court erred in denying his motion to set aside judgment of conviction and permit withdrawal of plea, without a hearing. Because the record before us does not afford an adequate basis on which to resolve Mr. Kim’s main contention, we are constrained to remand this case to the trial court for a hearing and responses to questions specified herein.

I.

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