UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
February 9, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
JOSE VALDOVINOS RAMIREZ, DEFENDANT.
The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court
Order Denying Petition to Vacate or Dismiss Charges; Denying Certificate of Appelability
Defendant Jose Valdovinos Ramirez has filed a petition to vacate or dismiss charges due to unlawful error and/or mistake. Defendant argues his November 30, 1999 guilty plea, and 188 month sentence which the Court imposed on November 15, 2000, are invalid because he is a "sovereign" not a "individual" subject to the criminal laws of the United States.
Pursuant to Rule 4(b) of the Rules Governing Section 2255 Cases, "[i]f it plainly appears from the motion, any attached exhibits, and the record of the prior proceedings that the moving party is not entitled to relief, the judge must dismiss the motion ...." Despite defendants' argument that he is a "sovereign" not subject to the laws of the United States, district courts have jurisdiction to prosecute all those who commit offenses against the laws of the United States. 18 U.S.C. § 3231. Defendant cites to no authority supporting his claim that he is a sovereign, immune from liability for violating the laws of the United States.
Because it is plain on the face of Defendant's motion that he is not entitled to relief,*fn1 the Court sua sponte DENIES his petition to vacate or dismiss charges and DENIES a certificate of appealability. The Clerk is directed to close this case.
IT IS SO ORDERED.