United States District Court, S.D. Mississippi, Southern Division
MARIA G. LAMAS
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
SULEYMAN OZERDEN, UNITED STATES DISTRICT JUDGE.
THE COURT is the Motion  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
 in opposition to Lamas's Motion . 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
FACTS AND PROCEDURAL HISTORY
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
Indictment  at 1.
of her plea, Lamas entered into a Plea Agreement  with
the Government which provided, in relevant part, that Lamas
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  at 4-5.
was sentenced on July 29, 2014, to a term of imprisonment of
90 months as to Count 1 of the Indictment, and Judgment 
was entered on July 30, 2014. J.  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
August 22, 2016, Lamas filed the present Motion  pursuant
to 28 U.S.C. § 2255. 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 §
3B1.2. The Government responds that Lamas explicitly ...