UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 2:24-cv-02147-SVW Date April 10, 2025 Title Andres Urena v. United States of America

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Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE Paul M. Cruz N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

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Proceedings: IN CHAMBERS ORDER DISMISSING ACTION

The Court orders the case dismissed, pursuant to the attached order.

Initials of Preparer PMC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CRIMINAL MINUTES - GENERAL

2:14-cr-00441-SVW Date: April 9, 2025

The Honorable: Stephen V. Wilson, U.S. District Judge

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Paul M. Cruz N/A N/A Deputy Clerk Court Reporter / Recorder Assistant U.S. Attorney U.S.A. v. Defendant(s) Present Cust Bond Attorneys for Defendants: Present App Rel Andres Urena xX N/A xX

ORDER DENYING PETITIONER’S MOTION TO VACATE SENTENCE [187]

Before the Court is a motion to vacate sentence brought by petitioner Andres Urena (“Petitioner”) under U.S.C. § 2255. ECF No. 187. For the following reasons, the motion is DENIED. Petitioner moves to vacate his sentence for ineffective assistance of counsel because he says his attorney failed to adequately advise him of his appeal rights regarding the non-application of an adjustment to the guidelines range for acceptance. Under Strickland v. Washington, 466 U.S. 668 (1984), a claim of ineffective assistance of counsel a defendant to show “(1) that counsel’s representation fell below an objective standard of ..and (2) that counsel’s deficient performance prejudiced the defendant.” Roe v. Flores-Ortega, 528 U.S. 470, 476-77 (2000) (internal quotation marks and citation omitted). Counsel perform deficiently when ignore a defendant’s specific request to file a notice of appeal. Jd. at 477. When a defendant does not specifically request that an appeal be filed, the question of deficient performance revolves around “whether in fact consulted with the defendant about an appeal.” /d. at 478. Consulting with a defendant means the defendant about the advantages and disadvantages of taking an appeal, and making a reasonable to discover the defendant’s wishes.” Jd. “If counsel has consulted with the defendant, the question of performance is easily answered: Counsel performs in a professionally unreasonable manner only by failing to follow the defendant’s express instructions with respect to an appeal.” Jd. At the hearing, the Court heard testimony from Petitioner’s counsel for sentencing that, in the week following sentencing, he had a phone call with Petitioner. During this phone call, Petitioner’s counsel discussed Petitioner the potential outcomes of an appeal in a conversation entirely revolving around whether to file appeal. Petitioner’s counsel further testified that Petitioner never requested that he file an appeal. Petitioner that he never requested to file an appeal in his testimony at the hearing.

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CRIMINAL MINUTES – GENERAL

The Court found the testimony of Petitioner’s counsel credible, and therefore finds that Petitioner’s counsel was not deficient for failure to consult regarding a potential appeal. Petitioner’s counsel did consult with Petitioner regarding his appeal rights following sentencing, fulfilling his duty as laid out in Flores-Ortega. Further, Petitioner himself admits that he never requested an appeal be filed, meaning his counsel was similarly not deficient for failure to follow any instruction to file an appeal. Therefore, Petitioner’s motion is DENIED.

IT IS SO ORDERED.

: Initials of Deputy Clerk PMC