Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States of America v. Jesus Beltran-Zuniga

January 14, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JESUS BELTRAN-ZUNIGA, DEFENDANT.



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

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

Jesus Beltran-Zuniga pleaded guilty to one count of conspiracy to import marijuana and aiding and abetting. Pursuant to his plea agreement, both Beltran-Zuniga's counsel and the government recommended a guideline range of 30 to 37 months, and his counsel requested the low-end sentence of 30 months. (See Docket nos. 58 (Plea Agreement), 98 (government's sentencing summary chart), 107 (Beltran-Zuniga's sentencing summary chart).) The Court sentenced him to 37 months' imprisonment followed by supervised release. (Docket no. 123 (Judgment).) Under his plea agreement, Beltran-Zuniga waived appeal and collateral attack unless the Court both denied him the recommended minor role adjustment and also sentenced him to a custodial term higher than high end of the agreed-upon recommended guideline range. (Plea Agreement at 8:11--22.) Since BeltranZuniga was sentenced within that range, he has waived collateral attack.

Ignoring the fact that he had waived collateral attack, Beltran-Zuniga filed a motion to vacate his sentence, pursuant to 28 U.S.C. § 2255. The motion is a boilerplate pleading that has been photocopied so many times it has become nearly illegible and some sections have to be hand-written in. This pleading 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 Beltran-Zuniga had not waived collateral attack, his motion would fail on the merits. The motion is DENIED.

IT IS SO ORDERED.

20130114

© 1992-2013 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.