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U.S. v. CHANG HONG

No. 10-6294.

671 F.3d 1147 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. CHANG HONG, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

As Amended September 1, 2011.

Rehearing and Rehearing En Banc Denied October 11, 2011.

Attorney(s) appearing for the Case

Submitted on the brief*:

Joan L. Lopez , Oklahoma City, OK, for Appellant.

Jonathon E. Boatman , Assistant United States Attorney, Office of the United States Attorney, Oklahoma City, OK, for Appellee.

Before O'BRIEN, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Chang Hong seeks to appeal the district court's denial of his motion for relief under 28 U.S.C. § 2255 as untimely. He asserted claims of ineffective assistance of counsel, alleging his counsel failed to advise him of the immigration consequences of his guilty plea as required by Padilla v. Kentucky, ___ U.S. ___, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010). Hong argues Padilla is a new rule...

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