U.S. Court of Appeals for the Ninth Circuit, 2014

Uriel Torres v. United States

Uriel Torres v. United States
U.S. Court of Appeals for the Ninth Circuit · Decided March 14, 2014 · Pregerson, Leavy, Murguia
563 F. App'x 538

Uriel Torres v. United States

Opinion

MEMORANDUM **

Federal prisoner Uriel Valdovinos Torres appeals from the district court’s order denying his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. We have jurisdiction under 28 U.S.C. § 2253. We review de novo a district court’s denial of a section 2255 motion, see United States v. Aguirre-Ganceda, 592 F.3d 1043, 1045 (9th Cir. 2010), and we affirm.

*539 Valdovinos Torres contends that his trial counsel provided ineffective assistance under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), when she failed to inform him of the immigration consequences of his guilty plea. Because Valdovinos Torres’s conviction became final before Padilla was decided, his contention is foreclosed by Chaidez v. United States, — U.S. -, 133 S.Ct. 1103, 1113, 185 L.Ed.2d 149 (2013), in which the Supreme Court held that Padilla does not apply retroactively to cases on collateral review.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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