v. Green, 944 So.2d 208 (Fla.2006), Barrios-Cruz’s motions are still untimely. Affirmed. KHOUZAM and MORRIS, JJ., Concur. 1 . Courts that have concluded that Padilla should be applied retroactively include: People v. Bennett, 28 Misc.3d 575, 903 N.Y.S.2d 696 (N.Y.Crim.Ct.2010); Marroquin v. United States, 2011 WL 488985 (S.D.Tex. Feb.4, 2011); United States v. Hubenig, 2010 WL 2650625 (E.D.Cal. Jul.l, 2010); United States v. Chaidez, 730 F.Supp.2d 896 (N.D.Ill.2010); Martin v. U.S., 2010 WL 3463949 (C.D.Ill. Aug.25, 2010); and Al Kokabani v. United States, 2010 WL 3941836 (E.D.N.C. Jul.30, 2010). Courts that have reached the opposite conclusion include: People v. Kabre, 29 Misc.3d 307, 905 N.Y.S.2d 887 (N.Y.Crim.Ct.2010); United States v. Macedo, 2010 WL 5174342 (N.D.Fla. Dec.15, 2010) (<HOLDING>); United States v. Hough, 2010 WL 5250996
holding that cage has been made retroactive to cases on collateral review holding simply that padilla was not made retroactive to cases on collateral review without further analysis holding the supreme court has not held in a case or a combination of cases that the rule in johnson is retroactive to cases on collateral review and therefore it has not made johnson retroactive holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review  that was previously unavailable holding that padilla does not announce a new rule of constitutional criminal procedure and listing in footnotes three eases finding that padilla announced a new rule of criminal procedure and seven cases finding that padilla is simply the application of an old rule