The following excerpt is from United States v. Maya-Cruz, No. 2:10-CR-185 KJM (E.D. Cal. 2014):
In the third ground of his motion, movant claims that his entire plea was not intelligently, knowingly and voluntarily made because counsel "did not properly inform him of the adverse collateral consequences with regard to his prior convictions, e.g., the risk of deportation, that enhanced sentences could be imposed as a result of those prior convictions . . . ." ECF No. 25 at 4; see United States v. Portillo-Cano, 192 F.3d 1246, 1250 (9th Cir. 1999) (stating that "waivers of appeal must stand or fall with the agreement of which they are a part") (internal quotations omitted). As discussed more fully below, movant cannot succeed on this claim, rendering the waiver of collateral review valid. But even if the waiver of collateral review was vulnerable, movant would nevertheless not be entitled to relief on these claims.
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