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Jesus Vasquez, Sr. v. United States of America

May 4, 2011

JESUS VASQUEZ, SR.
v.
UNITED STATES OF AMERICA



The opinion of the court was delivered by: The Honorable David O. Carter, Judge

CIVIL MINUTES - GENERAL

DOC

Title:

Julie Barrera Not Present Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS:

NONE PRESENT NONE PRESENT

PROCEEDING (IN CHAMBERS): ORDER DENYING PETITIONER'S MOTION FOR RELIEF UNDER 28 U.S.C. § 2255

Before the Court is a Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 filed by Petitioner Jesus Vasquez Sr. ("Vasquez") in the above-captioned case ("Motion") (Docket 1). After reviewing the moving and opposing papers, the Court DENIES the Motion.

I. BACKGROUND

On November 15, 2006, a federal grand jury in the Central District of California returned a three-count indictment against Mr. Vasquez and three other co-defendants. United States v. Juan , SA CR 06-247 DOC, Docket 1 (docket entries in SA CR 06-247 DOC hereinafter referred to as "CR Docket"). Mr. Vasquez pled guilty to count one of the indictment on October 22, 2007, which charged Mr. Vasquez and his co-defendants with conspiring to possess with the intent to distribute 50 grams or more of a mixture of substance containing a detectable amount of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 846. CR Docket 48. On January 11, 2008, the Court sentenced Mr. Vasquez to 120 months imprisonment (the mandatory minimum sentence), five years supervised release, and ordered him to pay $100 special assessment. CR Docket 64.

Mr. Vasquez now brings the instant motion, in which he argues that his court-appointed defense attorney, Katherine Corrigan, provided ineffective assistance of counsel.

II. LEGAL STANDARD

To succeed on a claim for ineffective assistance of counsel, the petitioner must show: (1) that "counsel's representation fell below an objective standard of reasonableness;" and (2) that "any deficiencies in counsel's performance [are] prejudicial to the defense." Strickland v. Washington, 466 U.S. 668, 688-692 (1984). Deficient performance is demonstrated by a showing that "counsel made errors so serious that counsel was not functioning as the 'counsel' guaranteed by the Sixth Id. at 687. The court "must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance." Id. at 689. In order to show prejudice, the petitioner must show that "there is a reasonable probability that, but for counsel's unprofessional errors, the results of the proceeding would have been different." Id. at 694. In a guilty plea situation, the petitioner must establish a reasonable probability that, but for counsel's errors, the petitioner would not have pled guilty and would have insisted on going to trial. Does v. Woodford, 508 F.3d 563, 568

A district court may not deny a § 2255 motion without an evidentiary hearing "[u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. § 2255. No evidentiary hearing need be held if the petitioner's allegations "viewed against the record, either fail to state a claim for relief or are so palpably incredible or patently frivolous as to warrant summary dismissal," or where the motion "presents no more than conclusory allegations, ...


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