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United States of America v. Maria Guadalupe Barrios De

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 2, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MARIA GUADALUPE BARRIOS DE BARRERA, DEFENDANT.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER DENYING MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE

On April 17, 2012, Defendant Maria Guadalupe Barrios de Barrera pleaded guilty to one count of violation of 21 U.S.C. §§ 952 and 960. This Court sentenced Defendant on August 16, 2012. On October 22, 2012, Defendant filed the present motion to vacate, set aside or correct her sentence pursuant to 28 U.S.C. § 2255. The United States filed a response to the motion. Defendant did not file a reply.

In the motion, Defendant argues her counsel was ineffective because he (1) failed to file a notice of appeal, (2) failed to challenge the quantity and purity of the drugs, (3) was unavailable and (4) underestimated the sentencing range. The Court rejects these arguments because Defendant fails to demonstrate that her counsel did anything to result in her unknowing or involuntary waiver of her rights. Even if she had, Defendant fails to show that she suffered any prejudice as a result. For these reasons, Defendant's motion to vacate, set aside or correct her sentence is denied.

IT IS SO ORDERED.

20130402

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