Guardado-Canas (Melvin) v. State

Nevada Supreme Court

Guardado-Canas (Melvin) v. State

DecidedMarch 14, 2013

Docket61182

StatusUnpublished

This text of Guardado-Canas (Melvin) v. State (Guardado-Canas (Melvin) v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guardado-Canas (Melvin) v. State, (Neb. 2013).

Pincite

Opinion

omitted)); U.S. v. Bonilla, 637 F.3d 980, 984 (9th Cir. 2011); see also 8 U.S.C. § 1227(a)(2)(A)(iii) ("Any alien who is convicted of an aggravated felony at any time after admission is deportable."); 8 U.S.C. § 1101(a)(43)(G) ("The term 'aggravated felony' means. . . a theft offense. . . or burglary offense for which the term of imprisonment [is] at least one year.").' Even assuming that laches does not preclude consideration of Guardado-Canas' motion on the merits, see Hart v. State, 116 Nev. 558, 563-65, 1 P.3d 969, 972-73 (2000) ("[C]onsideration of the equitable doctrine of laches is necessary in determining whether a defendant has shown 'manifest injustice' that would permit withdrawal of a plea after sentencing."), we conclude that he is not entitled to relief because "Padilla does not have retroactive effect." Chaidez v. U.S., No. 11-820, 2013 WL 610201, at 1 (U.S. February 20, 2013). Therefore, we conclude that the district court did not err by denying Guardado-Canas' motion, and we ORDER the juclgmeta-qf the district court AFFIRMED.

Gibbons

Saitta

1 Guardado-Canas pleaded guilty to one count of grand larceny. The district court followed the terms of the negotiated plea agreement and imposed a probationary term not to exceed 5 years with an underlying sentence of 12-32 months and ordered Guardado-Canas to pay $8,000 in restitution.

SUPREME COURT OF NEVADA

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omitted)); U.S. v. Bonilla, 637 F.3d 980, 984 (9th Cir. 2011); see also 8 U.S.C. § 1227(a)(2)(A)(iii) ("Any alien who is convicted of an aggravated felony at any time after admission is deportable."); 8 U.S.C. § 1101(a)(43)(G) ("The term 'aggravated felony' means. . . a theft offense. . . or burglary offense for which the term of imprisonment [is] at least one year.").' Even assuming that laches does not preclude consideration of Guardado-Canas' motion on the merits, see Hart v. State, 116 Nev. 558, 563-65, 1 P.3d 969, 972-73 (2000) ("[C]onsideration of the equitable doctrine of laches is necessary in determining whether a defendant has shown 'manifest injustice' that would permit withdrawal of a plea after sentencing."), we conclude that he is not entitled to relief because "Padilla does not have retroactive effect." Chaidez v. U.S., No. 11-820, 2013 WL 610201, at 1 (U.S. February 20, 2013). Therefore, we conclude that the district court did not err by denying Guardado-Canas' motion, and we ORDER the juclgmeta-qf the district court AFFIRMED.