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United States v. Santos-Miranda

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


June 8, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAVID SANTOS-MIRANDA, DEFENDANT.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER DENYING DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 28 U.S.C. § 2255 [Docket No. 34]

On February 19, 2009, Defendant David Santos-Miranda pleaded guilty to one count of importation of methamphetamine in violation of 21 U.S.C. §§ 952 & 960. This Court sentenced Defendant on June 29, 2009. On January 29, 2010, Defendant filed the present motion for reduction of sentence pursuant to 28 U.S.C. § 2255.

Defendant's motion is denied because when he pleaded guilty in exchange for a lower sentence, he waived his right to collaterally attack his sentence. (See Docket No. 22 at 8-9.) Such a waiver bars relief under § 2255. United States v. Abarca, 985 F.2d 1012, 1014 (9th Cir. 1993). See also United States v. White, 307 F.3d 336, 3443 (5th Cir. 2002) (holding that ineffective assistance of counsel claim survives waiver "only when the claimed assistance directly affected the validity of that waiver or the plea itself.").

IT IS SO ORDERED.

20100608

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