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

 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
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cc: Second Judicial District Court Dept. 8
Ian E. Silverberg
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
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