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Uriel Valdovinos TORRES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee

United States Court of Appeals for the Ninth Circuit2014-03-14No. No. 11-35950
563 F. App'x 538

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Opinion

majority 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.

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.