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United States v. Espinoza Moises

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


June 2, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
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.

20100602

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