United States v. Okunoghae

In United States v. Okunoghae, No. 23-40382 (5th Cir. July 15, 2024) (unpublished), the Fifth Circuit vacated the district court’s denial of the defendant’s habeas motion and remanded the case for further proceedings.

Background: After pleading guilty to conspiring to commit money laundering under 18 U.S.C. § 1956(h) and receiving a 78-month sentence, Okunoghae filed a pro se letter with the court requesting an appellate attorney to help him “under 2255 or any other remedy.”

In the letter, Okunoghae alleged that “the Government [had] promised him assistance in securing an S visa to avoid deportation to Nigeria where he claims his life would be in danger because of his cooperation with the United States Government.” Okunoghae also alleged that his prior attorneys had promised that “the Government would secure the visa” and advised him not ot appeal.

The Government asked the court to treat the letter as a motion under 28 U.S.C. § 2255. The court did so, then it denied the motion as untimely.

Holding: The district court’s decision was vacated, and the case was remanded for consideration regarding “both whether equitable tolling or Section 2255(f)(4) should apply and whether the interests of justice require appointment of counsel.”

Throughout the appeal, the Government was “silent about the validity of the claim about a promise to assist Okunoghae in acquiring a visa,” and it “concede[d] that the allegations deserve a closer look.”