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.

Lamas v. United States

United States District Court, S.D. Mississippi, Southern Division

August 10, 2017

MARIA G. LAMAS
v.
UNITED STATES OF AMERICA Criminal No. 1:13cr92-HSO-RHW-2

          MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY PURSUANT TO 28 U.S.C. § 2255

          HALIL SULEYMAN OZERDEN, UNITED STATES DISTRICT JUDGE.

         BEFORE THE COURT is the Motion [73] of Defendant Maria G. Lamas for Minor Role Adjustment and Sentence Reduction filed pursuant to 28 U.S.C. § 2255. The Government has filed a Response [75] in opposition to Lamas's Motion [73]. After due consideration of the issues presented, the record, and relevant legal authority, the Court is of the opinion that Lamas's § 2255 Motion should be denied without an evidentiary hearing.

         I. FACTS AND PROCEDURAL HISTORY

         On May 5, 2014, Maria G. Lamas (“Lamas”) pleaded guilty to Count 1 of the single-count Indictment in this case. See May 5, 2014, Minute Entry. Count 1 charged that

beginning sometime in June 2013 and continuing up to the date of this indictment in Harrison County, in the Southern Division of the Southern District of Mississippi, and elsewhere, the defendants, VICTOR ANGEL LAMAS and MARIA GUADALUPE LAMAS, did knowingly conspire with others both known and unknown to the Grand Jury, to possess with intent to distribute 50 grams or more of actual methamphetamine, a Schedule II narcotic drug controlled substance, as prohibited by Section 841(a)(1), Title 21, United States Code.
All in violation of Section 846, Title 21, United States Code.

Indictment [23] at 1.

         As part of her plea, Lamas entered into a Plea Agreement [52] with the Government which provided, in relevant part, that Lamas

         expressly waives the following rights:

a. the right to appeal the conviction and sentence imposed in this case, or the manner in which that sentence was imposed, on the grounds set forth in Title 18, United States Code, Section 3742, or on any ground whatsoever, and
b. the right to contest the conviction and sentence or the manner in which the sentence was imposed in any post-conviction proceeding, including but not limited to a motion brought under Title 28, United States Code, Section 2255 . . . .

Plea Agreement [52] at 4-5.

         Lamas was sentenced on July 29, 2014, to a term of imprisonment of 90 months as to Count 1 of the Indictment, and Judgment [63] was entered on July 30, 2014. J. [63] at 1-2. The Court ordered that, upon release from imprisonment, Lamas be placed on supervised release for a term of 60 months as to Count 1. Id. at 3. The Court also ordered Lamas to pay a $100.00 assessment. Id. at 5. Lamas did not file a direct appeal.

         On August 22, 2016, Lamas filed the present Motion [73] pursuant to 28 U.S.C. § 2255.[1] Lamas asks the Court to apply a minor-role adjustment and sentence reduction based upon United States v. Quintero-Leyva, 823 F.3d 519 (9th Cir. 2016), and pursuant to clarifying Amendment 794 of the United States Sentencing Guidelines, which amended the commentary to United States Sentencing Guideline ยง 3B1.2. The Government responds that Lamas explicitly ...


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.