United States v. Jose Torres-Guardado

MEMORANDUM

Federal prisoner Jose Angel Torres-Guardado appeals the district court’s denial of his 28 U.S.C. § 2255 motion. At issue is whether appellate counsel rendered ineffective assistance by failing to appeal the inadequate factual basis for Torres-Guardado’s Rule 11 guilty plea to the charge of conspiracy to distribute methamphetamine. We have jurisdiction under 28 U.S.C. § 2255 , and we affirm.

Analyzing Torres-Guardado’s ineffective assistance claim under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), we agree with the district court’s decision that Torres-Guar-dado has failed to demonstrate that his Sixth Amendment right to counsel was violated. Specifically, Torres-Guardado has not established that he suffered prejudice as a result of his counsel’s failure to appeal the inadequate factual basis for his guilty plea. Documents produced by the government in discovery show that Torres-Guardado purchased drugs from a co-conspirator in Denver. Torres-Guardado also admitted to the magistrate judge that he did not manufacture the drugs himself. Based on the entire record, Torres-Guar-dado has failed to show a reasonable probability that but…