Patrick Shin v. United States

Whether a district court may require an additional showing of prejudice to grant a writ of coram nobis in a criminal case, and, if so, whether the required showing of prejudice is consistent with the standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), wherein the district court must analyze the defendant’s decision making process, identify the determinative issue for the defendant, and analyze and resolve whether contemporary evidence supported the defendant’s post hoc assertion that, if properly advised, the defendant would have gone to trial rather than plead guilty.

Whether Bryan v. United States, 524 U.S. 184 (1998) overruled United States v. Carrier, 654 F.2d 559, 561 (9th Cir. 1981), by requiring a showing that the defendant had knowledge that the false statement was unlawful to prove a willful state of mind when prosecuting an illegal false statement under 18 U.S.C. §1001.