UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
June 2, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
BARRAZA ESPINOZA MOISES, DEFENDANT.
The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge
ORDER DENYING DEFENDANT'S MOTION FOR TIME REDUCTION UNDER TITLE 28 U.S.C. § 2255
On August 21, 2009, this Court accepted Defendant Moises Barraza-Espinoza's guilty plea to count three of the indictment in this case, which charged him with importation of a controlled substance (methamphetamine). Pursuant to a plea agreement, Petitioner was sentenced to thirty-seven months in custody followed by three years of supervised release. On January 25, 2010, Defendant filed a motion for time reduction by an inmate in federal custody under 28 U.S.C. § 2255.
Defendant's motion is denied because when he pleaded guilty in exchange for a lower sentence, which was actually imposed, Petitioner waived his right to collaterally attack his sentence. Such a waiver bars relief under § 2255. United States v. Abarca, 985 F.2d 1012, 1014 (9th Cir. 1993).
IT IS SO ORDERED.
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