Mendoza

MEMORANDUM *

Defendant-Appellant Isaías Mendoza (“Mendoza”) pleaded guilty to violating 8 U.S.C. § 1326 (a), or illegal re-entry after deportation. He later sought to withdraw his plea, alleging that ineffective assistance of counsel led him to plead guilty. The district court denied the motion and Mendoza appealed. Because we find no abuse of discretion on the part of the district court, we affirm.

BACKGROUND

The parties are familiar with the factual and procedural background of this case, so we recount it only as necessary to explain our reasoning. Mendoza entered his guilty plea with a court appointed attorney representing him at the Rule 11 hearing. Mendoza stated to the court that upon his previous deportation, someone had told him merely to leave the United States for five years and then return. The court inquired of Mendoza’s attorney, who stated that he had discussed the matter with Mendoza and was satisfied that it was not a viable defense. The district court sentenced Mendoza, but subsequently modified the sentence based on Mendoza’s pro se § 2255 motion.

About two years after entry of his plea, Mendoza sent a letter to the court complaining that his first attorney…