Present: The Honorable Philip S. Gutierrez, United States District Judge
Wendy K. Hernandez Not Present n/a
Deputy Clerk Court Reporter Tape No.
Attorneys Present for Plaintiff(s):
Attorneys Present for Defendant(s):
Proceedings: (In Chambers) Order DENYING Petitioner's Motion to Vacate, Set
Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255
Before the Court is Petitioner Shanita Monique Hampton's motion to vacate, set aside, or correct her sentence pursuant to 28 U.S.C. § 2255. The Court finds the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; L.R. 7-15; 28 U.S.C. § 2255(b). Having considered the papers submitted in support of and in opposition to the motion, the Court DENIES the motion.
On November 24, 2008, Shanita Monique Hampton ("Petitioner") was sentenced to 92 months after pleading guilty to two counts of distributing more than five grams of crack cocaine. See United States v. Shanita Monique Hampton, CR No. 08-498-PSG, Dkt. #3. Petitioner's sentence was thereafter affirmed on appeal by the Ninth Circuit, see Dkt. #51, and on June 21, 2010, the Supreme Court denied her petition for Writ of Certiorari. See Shanita Monique Hampton v. United States, Supreme Court Case No. 09-10869. On February 2, 2011, Petitioner filed this motion under 28 U.S.C. § 2255 to vacate, set aside, or correct her sentence due to ineffective assistance of counsel. Petitioner also requests an evidentiary hearing.
Under 28 U.S.C. § 2255, a federal prisoner may file a motion to vacate, set aside or correct a sentence on the grounds that "the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack." 28 U.S.C. § 2255(a). To obtain relief through a § ...