Marulanda

MEMORANDUM **

Carlos Javier Marulanda was convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 and conspiracy to import cocaine in violation of 21 U.S.C. § 963 . He was sentenced to 360 months imprisonment. Marulanda now appeals the denial of his motion filed under 28 U.S.C. § 2255 on the grounds that his trial counsel rendered ineffective assistance of counsel by referring to his previous trial on the same charge, and that this claim was timely raised in his amended § 2255 motions because it relates back to claims raised in his original, timely-filed § 2255 motion. We have jurisdiction under 28 U.S.C. § 1291 and now affirm.

We review the district court’s denial of Marulanda’s § 2255 motion de novo, including whether the claim raised in his amended § 2255 motion relates back to his original, timely-filed § 2255 motion under Federal Rule of Civil Procedure 15(c). Mendoza v. Carey, 449 F.3d 1065, 1068 (9th Cir.2006); Oja v. U.S. Army Corps of Eng’rs, 440 F.3d 1122, 1127 (9th Cir.2006). Marulanda’s ineffective assistance of counsel claim is a mixed question of fact and law that we review de novo. United States v. Rodrigues, 347 F.3d 818, 823 (9th…