The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
BENJAMIN B. WAGNER United States Attorney MICHELE BECKWITH Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700
STIPULATED REQUEST AND ORDER TO WITHDRAW DEFENDANT'S MOTION FOR SENTENCE RELIEF
On September 30, 2010, the defendant entered a plea of guilty to the single-count indictment charging her with a violation of Title 8, United States Code, Section 1326(a) and (b)(2). Her plea was entered pursuant to a plea agreement, in which she waived all rights to challenge her conviction or sentence. This waiver included the right to file any motion to modify or reduce her sentence. Furthermore, the plea agreement set forth the parties' stipulation that a sentence at the low end of the applicable guidelines range (i.e., forty-six months) was a reasonable sentence.
On July 29, 2011, the defendant filed a pro se "Motion for Sentence Relief under the Federal Prison Bureau Non-Violent Offender Relife [sic] Act 2003." In August 2011, the undersigned defense counsel communicated with the defendant regarding the fact that her plea waiver barred this motion, and the defendant agreed that the motion should be withdrawn. Furthermore, the parties agree that, as a matter of law, the defendant is not eligible for early release because she is subject to an immigration detainer and because she has a prior robbery conviction. See 28 C.F.R. 550.55(b).
Based on the foregoing, it is HEREBY STIPULATED by and between the parties, Michele Beckwith, Assistant United States Attorney, and Douglas Beevers, Assistant Federal Defender, attorney for SOCORRO TORRES-PERALTA, that the defendant's July 29, 2011 Motion for Sentence Relief should be withdrawn.
Dated: September 15, 2011
UPON GOOD CAUSE SHOWN and the stipulation of all parties, the Court grants the request to withdraw the defendant's Motion for Sentence Relief.
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