Jacquez

United States v. Jacquez

Good Law
191 F. App'x 583
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 05-17162California321 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Juan Manuel Jacquez appeals pro se from the district court’s judgment dismissing his motion under 28 U.S.C. § 2255 as barred by the waiver provision contained in his plea agreement. *584 Jacquez pleaded guilty to conspiracy to distribute and to possess with intent to distribute methamphetamine, and was sentenced to 87 months in the custody of the Bureau of Prisons. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo the dismissal of a § 2255 motion, cf. United States v. Shimoda, 334 F.3d 846, 848 (9th Cir.2003) (reviewing de novo a waiver of the right to appeal), and we affirm.

Through his plea agreement, Jacquez explicitly waived the right to file a § 2255 motion. Jacquez appears to contend that his plea was not voluntary because counsel did not advise him of the immigration consequences of his plea. But counsel was not ineffective for that reason, see United States v. Fry, 322 F.3d 1198, 1200-01 (9th Cir.2003), and the plea colloquy indicates that before entering his plea Jacquez understood it might lead to his deportation. Jacquez also appears to contend that his plea was not voluntary because counsel did not furnish…

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