Uriel Valdovinos Torres v. United States of America

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
URIEL VALDOVINOS TORRES,
Petitioner - Appellant,
v.
UNITED STATES OF AMERICA,
Respondent - Appellee.
No. 11-35950
D.C. No. 3:10-cv-05896-BHS
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
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
FILED
MAR 14 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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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 (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, 133 S. Ct. 1103, 1113 (2013),
in which the Supreme Court held that Padilla does not apply retroactively to cases
on collateral review.
AFFIRMED.
11-35950 2

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