USCA11 Case: 20-14688 Date Filed: 10/12/2021 Page: 1 of 7 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 20-14688 Non-Argument Calendar ____________________ MELCHOR MUNOZ, Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Florida D.C. Docket Nos. 4:18-cv-00489-RH-MAF, 4:11-cr-00037-RH-MAF-2 ____________________ USCA11 Case: 20-14688 Date Filed: 10/12/2021 Page: 2 of 7 2 Opinion of the Court 20-14688 Before WILLIAM PRYOR, Chief Judge, LUCK, and LAGOA, Circuit Judges. PER CURIAM: Melchor Munoz, a federal prisoner, appeals the denial of his motion to vacate his sentence. 28 U.S.C. § 2255. Munoz, a natural- ized citizen, argues that his trial counsel was ineffective for advising him that he “could,” instead of that he “would,” have his citizen- ship revoked for failing to disclose his drug crimes in his application for naturalization. We affirm the denial of Munoz’s motion. Munoz illegally entered the United States from Mexico in 1992 and, after becoming a legal resident in 2004, began trafficking drugs. In 2011, Munoz was indicted for conspiring to distribute five or more kilograms of cocaine and 100 or more kilograms of mari- juana between June 1, 2008, and May 30, 2011. 21 U.S.C. §§ 841(a)(1), 846. In his written agreement with the government, Munoz acknowledged that his plea of guilty “specifically excludes and does not bind any other state or federal agency, including other United States Attorneys . . . from asserting any civil, criminal, or administrative claim against [him].” Munoz also acknowledged “that [his] conviction may adversely affect [his] immigration status and may lead to revocation of his citizenship and deportation.” During Munoz’s change of plea hearing, the prosecutor highlighted that Munoz “is a nationalized citizen of the United States, originally from Mexico” and “[t]he law provides that, if USCA11 Case: 20-14688 Date Filed: 10/12/2021 Page: 3 of 7 20-14688 Opinion of the Court 3 someone was engaged in criminal activity and thus not of good moral character as they professed when becoming a citizen, that that citizen is subject to revocation.” The prosecutor stated that “one of the potential consequences of [the] plea of guilty is that the government may seek to revoke Mr. Munoz's citizenship and have him deported at the conclusion of his sentence” and that “[t]he de- cision has not been made whether or not to do that, but that is a possibility in this case.” The district court asked whether it “need[ed] to talk to Mr. Munoz about that” and defense counsel responded “that was in the plea agreement. It was reviewed in de- tail and discussed with my client.” Nevertheless, the district court told Munoz that his plea of guilty “could have an effect on your citizenship status,” but the district court “[did]n’t know that it will” or whether “it won’t.” The district court asked Munoz whether “anybody made any promises to [him] one way or the other . . . about whether or not this will affect your …
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