Ijaz v. Terrell, No. 1:2010cv01817 - Document 5 (D. Md. 2010)

Court Description: MEMORANDUM OPINION. Signed by Judge Marvin J. Garbis on 7/29/10. (apl, Deputy Clerk)(c/m 7/29/10)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MOHAMMAD * IJAZ Petitioner * v * WARDEN Civil Action No. MJG-l 0-1817 * DUKE TERRELL * Respondent *** MEMORANDUM OPINION The above-captioned case was transferred to this Court from the United States District Court for the Eastern District of New York on July 7, 2010. In this Petition for Writ of Habeas Corpus, Petitioner by this Court because he was seeks a reduction exposed to unduly harsh conditions of the sentence imposed of incarceration for t\\'o years following sentencing. Paper NO.1. Recently this Court addressed adjustment Petitioner's claim that he was entitled to a downward See ljaz v. Terrell, Civil to his sentence despite the terms of his plea agreement. Action MJG-10-1118 (D. Md.). Release, the undersigned In the context of denying Petitioner's noted that the Guideline the sentence actually imposed was 48 months. Sentencing Range was 70 to 87 months, The Court declined at the low end of the Guideline Motion for Immediate while to reduce the offense level to 21 and resentence Petitioner Range, which would be 37 months. ld. Additionally, the Court noted that as a Motion to Vacate filed under 28 U.s.c. 92255 the petition was untimely. The sentence reduction under 28 U.S.c. sought by Petitioner 92241 or 92255. Downward in the instant case is not available departures for purposes of sentencing to him guidelines are taken into consideration the imposition of sentenced previously of sentence prisoners at the time of sentencing is not a factor to be considered is left to the discretion noted, Petitioner's and conditions of incarceration under 18 U.S.c. of the Bureau of Prisons. sentence was the result of a plea agreement lenient sentence than what is indicated by the sentencing ~3553. foJIo'vving Classification In addition, as calling for a more guidelines. The Petition fails to state a claim upon which relief may be granted and must be dismissed. A separate Order follows. 7/29/2010 /s/ Date Marvin J. Garbis United States District Judge 2

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