United States v. Armando Cazarez-Santos

MEMORANDUM

Appellant-petitioner Armando Cazarez-Santos appeals from three district court orders: (1) the denial of his 28 U.S.C. § 2255 petition, which sought to vacate his 2012 conviction for alien smuggling on the basis of ineffective assistance of counsel; (2) the sentence on the violation of supervised release imposed on his 2012 alien-smuggling conviction; and (3) the final judgment and commitment for his 2014 illegal-reentry conviction on the grounds that his fingerprints should have been suppressed. We have jurisdiction pursuant to 28 U.S.C. §§ 2253 , 1291 and 18 U.S.C. § 3742 . We review de novo both a district court’s denial of a Section 2255 petition on timeliness grounds, United States v. Buckles, 647 F.3d 883, 887 (9th Cir. 2011), as well as a denial of a motion to suppress, United States v. Moore, 770 F.3d 809, 812 (9th Cir. 2014). We review a district court’s sentencing decision for abuse of discretion. Gall v. United States, 552 U.S. 38, 41, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc). Underlying factual findings are reviewed for clear error. See United States v. Hinkson, 585 F.3d 1247, 1259 (9th…