Preston

MEMORANDUM **

1. Preston’s ineffective assistance claim is time-barred, having been first raised in an amended petition filed beyond the one-year period established by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). See 28 U.S.C. § 2244 (d). Mayle v. Felix, 545 U.S. 644 , 125 S.Ct. 2562 , 162 L.Ed.2d 582 (2005), which was decided after the district court rendered its decision, holds that “[s]o long as the original and amended petitions state claims that are tied to a common core of operative facts, relation back will be in order,” id. at 2574, but that “[a]n amended habeas petition ... does not relate back (and thereby escape AEDPA’s one-year *678 time limit) when it asserts a new ground for relief supported by facts that differ in both time and type from those the original pleading set forth.” Id. at 2566. Here, Preston’s claim under Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969), stems from the trial court’s alleged failure to advise him during the plea proceeding that he was waiving his rights to confront witnesses and not to testify against himself. By contrast, his ineffective assistance claim stems from his attorney’s allegedly…