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Sanchez v. United States

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

August 11, 2017

JOSE ALFREDO SANCHEZ
v.
UNITED STATES OF AMERICA Criminal No. 1:14cr37-HSO-RHW-1

          MEMORANDUM OPINION AND ORDER DENYING MOTIONS 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 are the Motions [77], [81] of Jose Alfredo Sanchez to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, filed pursuant to 28 U.S.C. § 2255. After due consideration of the issues presented, the record, and relevant legal authority, the Court is of the opinion that Sanchez's § 2255 Motions [77], [81] should be both denied without an evidentiary hearing.

         I. FACTS AND PROCEDURAL HISTORY

         On December 18, 2014, Jose Alfredo Sanchez (“Sanchez”) pleaded guilty to Count 1 of the four-count Indictment [7] in this case. See Dec. 18, 2014, Minute Entry. Count 1 charged that

beginning sometime in August 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, JOSE ALFREDO SANCHEZ, REYES RIOS-CAMACHO, and MAURICIO MORALES-RODRIGUEZ, 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.
QUANTITY OF METHAMPHETAMINE INVOLVED IN THE CONSPIRACY
With respect to all of the defendants, JOSE ALFREDO SANCHEZ, REYES RIOS-CAMACHO, and MAURICIO MORALES-RODRIGUEZ, the amount involved in the conspiracy attributable to each as a result of their own conduct, and the conduct of other conspirators reasonably foreseeable to each, is 50 grams or more of actual methamphetamine.
All in violation of Section 846, Title 21, United States Code.

Indictment [7] at 1.

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

expressly waives the following rights (except that Defendant reserves the right to raise ineffective assistance of counsel claims):
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 ...

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