Chavez-Guizar v. USA (2255 - 1:05-cr-060 OWW), No. 1:2005cv01514 - Document 2 (E.D. Cal. 2009)

Court Description: MEMORANDUM DECISION and ORDER Denying Petitioner's Motion to Vacate, Set Aside or Correct Sentence (2255) as to Alejandro Chavez-Guizar (1) and Directing Clerk of Court to Enter Judgment for Respondent and Close this Case signed by Judge Oliver W. Wanger on 02/17/2009. (Flores, E)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ALEJANDRO CHAVEZ-GUIZAR, 10 Petitioner, 11 12 vs. 13 UNITED STATES OF AMERICA, 14 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-05-1514 OWW (No. CR-F-05-060 OWW MEMORANDUM DECISION AND ORDER DENYING PETITIONER'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255 AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT FOR RESPONDENT AND CLOSE THIS CASE 17 18 On November 28, 2005, Petitioner Alejandro Chavez-Guizar 19 timely filed a motion to vacate, set aside or correct sentence 20 pursuant to 28 U.S.C. § 2255. 21 Petitioner was charged with being a deported alien found in 22 the United States, a felony, in violation of 8 U.S.C. § 1326. 23 Petitioner pleaded guilty pursuant to a written Plea Agreement. 24 Pursuant to the Plea Agreement, Petitioner waived his right to 25 appeal his conviction and sentence and waived his right to 26 1 1 attack collaterally his mental competence, and his plea, or his 2 sentence, including but not limited to, filing a motion under 28 3 U.S.C. § 2255 .... 4 to 18 months incarceration and 36 months supervised release. 5 Petitioner did not file a Notice of Appeal. 6 Petitioner was sentenced on April 25, 2005 Petitioner s Section 2255 motion does not state any grounds 7 or facts from which it may be inferred that his guilty plea was 8 not knowing or voluntary or the result of ineffective assistance 9 of counsel or that his conviction or sentence were unlawful or 10 unconstitutional. 11 that the Court reduce Petitioner s sentence so that he may rejoin 12 his family and move them with him to Mexico. 13 asserts that Petitioner would like to see my sentence reduced at 14 your discretion. 15 Attached to Petitioner s motion is a request Petitioner s motion 28 U.S.C. § 2255(a) allows a federal prisoner to bring a 16 Section 2255 motion if Petitioner claims the right to be 17 released upon the ground that th sentence was imposed in 18 violation of the Constitution or the laws of the United States, 19 or that the court was without jurisdiction to impose such 20 sentence, or that the sentence was in excess of the maximum 21 authorized by law, or is otherwise subject to collateral attack. 22 Petitioner makes no claims within the ambit of Section 2255(a) 23 and waived his right to collaterally attack his conviction and 24 sentence in the written Plea Agreement. 25 For the reasons stated: 26 1. Petitioner Alejandro Chavez-Guizar s motion to vacate, 2 1 set aside or correct sentence pursuant to 28 U.S.C. § 2255 is 2 DENIED; 3 2. 4 RESPONDENT and to close this case. IT IS SO ORDERED. 5 6 The Clerk of the Court is directed to enter JUDGMENT FOR Dated: 668554 February 17, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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