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Ulloa-Navarro v. United States

United States District Court, S.D. California

June 12, 2014

HECTOR ULLOA-NAVARRO, Movant-Defendant,
v.
UNITED STATES OF AMERICA, Respondent-Plaintiff

Hector Ulloa-Navarro (3:13-cv-03190-BTM), Petitioner, Pro se, Florence, AZ.

For USA (3:13-cv-03190-BTM), Respondent: Joseph S Smith, Jr, LEAD ATTORNEY, U S Attorneys Office Southern District of California, Criminal Division, San Diego, CA.

For Benjamin Farias Hodges (3:12-cr-01111-BTM All Defendants), Defendant: Lewis Christian Muller, LEAD ATTORNEY, Lewis C Muller Attorney at Law, Santee, CA.

For Hector Barnardo Alcaraz, also known as Toro (3:12-cr-01111-BTM All Defendants), Defendant: William Winfield Brown, LEAD ATTORNEY, BROWN & ASSOCIATES, APC., San Diego, CA.

For USA (3:12-cr-01111-BTM All Defendants), Plaintiff: U S Attorney CR, Joseph S Smith, Jr, LEAD ATTORNEYS, U S Attorneys Office Southern District of California, Criminal Division, San Diego, CA.

Page 1058

ORDER DENYING 28 U.S.C. § 2255 MOTION AND DENYING CERTIFICATE OF APPEALABILITY

BARRY TED MOSKOWITZ, Chief United States District Judge.

Defendant Hector Ulloa-Navarro has filed a motion to reduce his sentence under 28 U.S.C. § 2255 (Doc. 264). For the reasons discussed below, Defendant's motion is DENIED.

I. BACKGROUND

On May 16, 2013, pursuant to a Plea Agreement (Doc. 186), Defendant tendered a plea of guilty to Count One of the Superceding Indictment (knowingly and intentionally conspiring to distribute methamphetamine in violation of 21 U.S.C. § § 841(a)(1), 846). In an order dated July 26, 2013, the Court accepted Defendant's guilty plea. (Doc. 215.)

On November 27, 2013, Defendant was sentenced to a 37 month term of imprisonment and 3 years of supervised release. Judgment was entered on November 27, 2013.

II. DISCUSSION

Defendant argues that his sentence should be reduced on the grounds that (1) the United States Attorney General can suggest a downward departure if the defendant accepts a final deportation order; and (2) " he faces the prospect of objectively more severe prison conditions solely because he is a deportable alien" (Mot. at 4). He also nominally argues that (3) his attorney was ineffective for failing to advise him of the option of a " fast-track" plea agreement, and also for (4) failing to ...


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