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United States v. Jurado-Cirnes

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 22, 2008

UNITED STATES OF AMERICA, PLAINTIFF/RESPONDENT,
v.
RUBEN JURADO-CIRNES, DEFENDANT/PETITIONER.

The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge

ORDER DISMISSING PETITIONER'S MOTION UNDER 28 U.S.C. § 2255

Currently pending before the Court is Petitioner's Motion for Time Reduction by an Inmate in Federal Custody brought pursuant to 28 U.S.C. § 2255. The Court has reviewed the record in this case which establishes that Petitioner waived both his right to appeal and to collaterally attack his conviction and sentence. (Plea Agreement at 3, ¶ 12.) Petitioner's motion raises no challenge to the validity of this waiver,*fn1 therefore this Court lacks jurisdiction to consider any collateral challenge to his conviction and sentence. See Washington v. Lampert, 422 F.3d 864, 869 (9th Cir. 2005) (recognizing that sentencing agreement's valid waiver of the right to file a federal habeas petition deprives district court of jurisdiction to hear case).

Accordingly, Petitioner's Motion for Time Reduction by an Inmate in Federal Custody pursuant to 28 U.S.C. § 2255 is DISMISSED.

IT IS SO ORDERED.


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