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United States of America v. Ramon Avalos

December 26, 2012

UNITED STATES OF AMERICA,
RESPONDENT/PLAINTIFF,
v.
RAMON AVALOS, PETITIONER/DEFENDANT.



The opinion of the court was delivered by: Hayes, Judge

ORDER

The matter before the court is the Motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody filed by the Defendant Ramon Avalos. (ECF No. 32).

On February 10, 2011, a complaint was filed in this federal court asserting the following two charges against the Defendant: Count One Receipt of images of minors engaged in sexually explicit conduct in violation of 18 U.S.C. §§ 2256(2) and 2252(a)(2) and Count Two possession of images of minors engaged in sexually explicit conduct in violation of 18 U.S.C. §§ 2256(2) and 2252(a)(4)(B). (ECF No. 1).

On February 25, 2011, Defendant was arrested pursuant to the criminal complaint. (ECF No. 3).

On February 25, 2011, Defendant made an initial appearance on the complaint represented by his retained counsel. (ECF No. 4).

On March 22, 2011, an information was filed charging the Defendant with possession of images of minors engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252(a). (ECF No. 9).

On April 5, 2011, Defendant entered a plea of guilty to the one-count information pursuant to a plea agreement. The plea agreement stated in part: "Defendant has consulted with counsel and is satisfied with counsel's representation." (ECF No. 18 at 16).

At the time of plea, the Magistrate Judge stated to the Defendant:

The Court: Any -- you taken any medication or substance that would affect your ability to understand what's happening today?

Defendant: No.

The Court: You have a clear mind?

Defendant: Yes, sir.

The Court: You have any questions, you ask your attorney, and we'll stop the action. Okay?

Defendant: Yes, sir. (ECF No. 35 at 3). The Magistrate Judge addressed ...


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