Case 5:12-cv-00094-MHS-CMC Document 6 Filed 09/19/13 Page 1 of 2 PageID #: 50
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
UNITED STATES ATTORNEY GENERAL §
CIVIL ACTION NO. 5:12cv94
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Toribio Arriaga-Guerrero, an inmate confined at the Federal Correctional
Institution in Texarkana, Texas, proceeding pro se, brought this petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241.
The Court referred this matter to the Honorable Caroline M. Craven, United States Magistrate
Judge, at Texarkana, Texas, for consideration pursuant to applicable laws and orders of this Court.
The Magistrate Judge recommends the petition be denied.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available
evidence. Petitioner filed objections to the magistrate judge’s Report and Recommendation. This
requires a de novo review of the objections in relation to the pleadings and the applicable law. See
FED. R. CIV. P. 72(b).
After careful consideration, the Court concludes petitioner’s objections should be overruled.
Petitioner’s petition does not meet the criteria required to support a claim under the savings clause
of 28 U.S.C. § 2255. See Padilla v. United States, 416 F.3d 424 (5th Cir. 2005); Reyes-Requena v.
United States, 243 F.3d. 893 (5th Cir. 2001). The recent Supreme Court decisions in Lafler v.
Case 5:12-cv-00094-MHS-CMC Document 6 Filed 09/19/13 Page 2 of 2 PageID #: 51
Cooper, U.S. , 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012), and Missouri v. Frye, U.S. , 132
S.Ct. 1399, 182 L.Ed.2d 379 (2012), did not announce new rules of constitutional law because they
merely applied the Sixth Amendment right to counsel to a specific factual context. See In re King,
697 F.3d 1189 (5th Cir. 2012). Further, as the Fifth Circuit recognized in United States v. Rivas-
Lopez, 678 F.3d 353 (5th Cir. 2012), Lafler and Frye affirmed the Fifth Circuit’s existing case law
that the Sixth Amendment’s protections extend to the plea process. See Rivas-Lopez, 678 F.3d at
357. Finally, neither decision suggests that petitioner may have been convicted of a nonexistent
offense. Thus, this petition should be dismissed.
O R D E R
Accordingly, petitioner’s objections are OVERRULED. The findings of fact and
conclusions of law of the magistrate judge are correct and the report of the magistrate judge is
ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge’s
It is SO ORDERED.. ____________________________________MICHAEL H. SCHNEIDERUNITED STATES DISTRICT JUDGESIGNED this 18th day of September, 2013.