a result of this Court's reconsideration, CPT KH filed an affidavit
addressing appellant's allegations. In relevant part, CPT KH highlights her
numerous pretrial meetings (sixteen dates listed) with appellant. Captain KH
emphasizes that at no time during any of those pretrial sessions or on the day of trial
did appellant inform her that he was not a United States citizen or that he was
concerned about the impact that his guilty plea might have on his citizenship status.

       Captain KH further relates that during pretrial sessions, appellant's focus was
on "limiting his exposure to extended confinement as a result of a conviction."
Captain KH notes the "possibility of extended jail time was the main factor in
[appellant's] desire to plead guilty with the protection of a pretrial agreement." In
so doing,CPT KH notes the "extensive evidence" in the case, the "likelihood that
the government would secure a conviction was highly likely, if not certain," and
briefly delineates the evidence in the case which supports her conclusion (e.g., a
"source" cooperating with government agents and government agents purchased the
various drugs from appellant and appellant's confession). Captain KH avers that
nothing in her discussions with appellant or his personnel records made her aware
that he was not a United States citizen.

       Captain KH also comments she had numerous post-trial contacts with
appellant and (in effect) he did not inform her of his non-citizen status until after
several interactions and several weeks. Captain KH discusses her efforts to mitigate
the impact of appellant's conviction. In support of her claim that she was not