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Contreras-Cuadras v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 19, 2007

GERONIMO CONTRERAS-CUADRAS, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Hayes, Judge

ORDER

The matter before the Court is Petitioner/Defendant's Motion to amend his Petition under 28 U.S.C. § 2255 (Doc. # 29).

On November 15, 2007, this Court entered and order denying Petitioner/Defendant's Motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody and 2) Petitioner/Defendant's Motion for Immediate Deportation. The Court found that Petitioner had expressly waived his right to collaterally attack his sentence which included the motion pursuant to § 2255 challenging the legality of the sentence imposed. The Court further concluded that Petitioner's status as a deportable alien did not provide a basis to challenge the legality of his sentence under 28 U.S.C. § 2255 and did not provide a basis for a belated downward departure under the Sentencing Guidelines. (Doc. # 27).

Petitioner now moves the Court to amend his petition under 28 U.S.C. § 2255 to "preserve rights that may be created from [] two reforms" in policies relating to good time credits. (Doc. # 29 at 2). The Court has concluded that Petitioner waived his right to challenge the legality of his sentence under 28 U.S.C. § 2255 and finds that there are no grounds to amend the Petitioner's motion under 28 U.S.C. § 2255.

IT IS HEREBY ORDERED that Petitioner/Defendant's Motion to amend his Petition under 28 U.S.C. § 2255 (Doc. # 29) is DENIED.

WILLIAM Q. HAYES United States District Judge

20071219

© 1992-2007 VersusLaw Inc.



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