United States v. Moreno-Tapia

After defendant was charged with illegal reentry and failure to register as a sex offender, he argued that his underlying convictions for three counts of indecent liberties with a child under North Carolina law were unconstitutional in light of Padilla v. Kentucky. Padilla held that the Sixth Amendment requires a defense attorney to advise a non-citizen client of the immigration risks of a guilty plea. A North Carolina court, relying on Padilla, did vacate defendant's convictions in 2015. The court concluded that the alleged constitutional deficiency in defendant's state convictions had no effect on his subsequent prosecution for illegal reentry. The court explained that because Padilla does not apply retroactively to defendants like defendant, convicted before the case was decided, defendant's convictions remain valid today as a matter of federal law, and his attempt to collaterally attack his 2009 removal is unavailing on that ground alone. Because the district court properly denied defendant's motion to vacate the 2009 removal order and to withdraw his guilty plea to the charge of illegal reentry, and because there is no error in the district court’s reliance on the vacated state convictions in determining defendant's sentencing range under the Sentencing Guidelines, the court affirmed the judgment. View "United States v. Moreno-Tapia" on Justia Law