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United States v. Llanes-Rosales

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 10, 2007

UNITED STATES OF AMERICA, PLAINTIFF/RESPONDENT,
v.
SAMUEL LLANES-ROSALES, DEFENDANT/MOVANT.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER DENYING MOTION BROUGHT PURSUANT TO 28 U.S.C. § 2255

On or about December 5, 2007 Defendant Samuel Llanes-Rosales filed a motion brought pursuant to 28 U.S.C. §2255 wherein he objects to the imposition of supervised release as part of his sentence. Pursuant to the Plea Agreement, Defendant waived his right to appeal or to collaterally attack his sentence. (Docket No. 20, Section XI). As Defendant validly waived his right to collaterally attack his sentence, United States v. Bibler, 495 F.3d 621 (9th Cir. 2007), the motion brought pursuant to 28 U.S.C. §2255 is denied. The Clerk of Court is instructed to close the file.

IT IS SO ORDERED.

20071210

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