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Manuel De Jesus Lopez-Aceviz v. United States of America

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


November 2, 2012

MANUEL DE JESUS LOPEZ-ACEVIZ,
PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER DENYING MOTION TO VACATE UNDER 28 U.S.C. § 2255

Manuel de Jesus Lopez-Aceviz pleaded guilty to importing approximately 1.18 kilograms of cocaine, and 3.58 kilograms of methamphetamine. Pursuant to his plea agreement, both Lopez-Aceviz's counsel and the government recommended a guideline range of 78 to 97 months, and his counsel requested the low-end sentence of 78 months. (See Docket nos. 22 (Plea Agreement), 27 (government's sentencing summary chart), 28 (Lopez-Aceviz's sentencing summary chart).) The Court sentenced him to 75 months' imprisonment followed by supervised release. (Docket no. 30 (Judgment).) Under his plea agreement, Lopez-Aceviz waived appeal and collateral attack unless the Court sentenced him to a custodial term higher than high end of the agreed-upon recommended guideline range. Since he was sentenced below that range, he has waived collateral attack.

Ignoring the fact that he had waived collateral attack, Lopez-Aceviz filed a motion to vacate his sentence, pursuant to 28 U.S.C. § 2255. The motion is a photocopied boilerplate pleading that has apparently been circulating among prisoners, and its arguments have consistently and repeatedly been denied as meritless by this Court and other courts. See, e.g., Patterson-Romo v. United States, 2012 WL 2060872 (S.D.Cal., June 7, 2012) (Gonzalez, J.); United States v. Beltran-Palafox, 2012 WL 899262 at *2 and n.14 (D.Kan., Mar. 16, 2012); Aguilar-Marroquin v. United States, 2011 WL 1344251 (S.D.Cal., Apr. 8, 2011) (Huff, J.); Rendon-Inzunza v. United States, 2010 WL 3076271 (S.D.Cal., Aug. 6, 2010) (Burns, J.).

Even if Lopez-Aceviz had not waived collateral attack, his motion would be denied on the merits.

The motion is DENIED.

20121102

© 1992-2012 VersusLaw Inc.



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