512 F. App'x 745

UNITED STATES of America, Plaintiff-Appellee, v. Paulino Puentes FRAIRE, Defendant-Appellee.

No. 12-6096.

United States Court of Appeals, Tenth Circuit.

Feb. 27, 2013.

Jonathon E. Boatman, McAfee & Taft, Tulsa, OK, Sanford C. Coats, Robert Donald Gifford, II, Esq., Debra W. Pauli, Esq., Kay Sewell, Office of the United States Attorney, Oklahoma City, OK, for Plaintiff-Appellee.

Guinise Marie Marshall, Marshall Law Office, Oklahoma City, OK, for Defendant Appellee.

Before HARTZ, EBEL, and MURPHY, Circuit Judges.

ORDER AND JUDGMENT*

DAVID M. EBEL, Circuit Judge.

Defendant-Appellant Paulino Fraire appeals the district court’s decision denying him relief from his 2008 conviction for making a false statement in his passport *746application. We affirm.1

Fraire, in August 2008, pled guilty to knowingly making a false statement in his passport application. The district court sentenced Fraire to one year probation, a $100 special assessment, and a $1,000 fine. Fraire has now fully discharged his sentence.

After Fraire’s conviction became final, the Supreme Court, in Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010) (to be reported at 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284), held that defense counsel must inform a defendant if, by pleading guilty, he risks deportation. See id. at 1486. In light of Padilla, Fraire petitioned for a writ of audita querela vacating his conviction, alleging that his attorney failed to advise him that, by pleading guilty to making a false statement in his passport application, Fraire would be deported.2 The district court, however, correctly denied Fraire relief because Padilla does not apply retroactively to individuals whose convictions, like Fraire’s, became final before the Supreme Court decided Padilla. See Chai-dez v. United States, 133 S.Ct. 1103, 2013 WL 610201, at *3, *10 (U.S. Feb.20.2013) (No. 11-820); United States v. Chang Hong, 671 F.3d 1147, 1148 (10th Cir.2011).

We, therefore, affirm the district court’s decision denying Fraire relief.

United States v. Fraire
512 F. App'x 745

Case Details

Name
United States v. Fraire
Decision Date
Feb 27, 2013
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512 F. App'x 745

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United States

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