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Salvador Gutierrez-Galvan v. United States of America

September 6, 2011

SALVADOR GUTIERREZ-GALVAN
PETITIONER,
v.
UNITED STATES OF AMERICA,
RESPONDENT.



The opinion of the court was delivered by: John A. Houston United States District Judge

ORDER DENYING MOTION [28 U.S.C. § 2255]

INTRODUCTION

Petitioner filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence on August 29, 2008. (Dkt. No. 43.) This court issued an order requiring respondent to file and serve a responsive pleading no later than October 10, 2008, and permitting petitioner to file a traverse or other appropriate pleading no later than October 31, 2008. (Dkt. No. 44.) Respondent filed a response to the petition on October 10, 2008. (Dkt. No. 45.) Petitioner has not filed a traverse or other pleading.

After a thorough review of the record in this case and the parties' submissions, and for the reasons set forth below, this Court hereby DENIES petitioner's motion.

BACKGROUND

On November 15, 2006, a federal grand jury returned a four-count indictment against petitioner: two counts of bringing illegal aliens into the United States for financial gain in violation of 8 U.S.C. § 1324(a)(2)(B)(ii) and two counts of transporting illegal aliens resulting in serious bodily injury in violation of § 1324(a)(1)(A)(ii). On February 1, 2007, petitioner entered into a plea agreement with respondent whereby, in exchange for petitioner's guilty plea, respondent would recommend a U.S. Sentencing Guidelines offense level of nineteen and a sentencing range of forty-six to fifty-seven months.

On February 1, 2007, this Court held a change of plea hearing. As to the medication petitioner was taking at the time of his plea, this Court engaged in a plea colloquy with petitioner as follows:

The Court: I will ask you some questions now so that I can determine whether or not your plea of guilty is made knowingly and voluntarily, and whether there is a reason for you to plead guilty today.

If you fail to understand any question, feel free to ask me to repeat it, and if at any during the course of our discussion, if you'd like to speak with your lawyer, just let me know. You can have as much time to speak to your lawyer as you need.

Do you understand?

The Defendant: Yes, sir.

The Court: Have you taken any medication, drugs or other substances within the last 72 hours that could impact on your ability to understand what you're doing here today?

The Defendant: No, sir.

The Court: Are you taking -- I noticed you came ...


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