Summary
explaining that a Rule 11(c)(C) plea agreement is "contractual and not based upon the guidelines" and that a defendant cannot readily demonstrate prejudice where a Rule 11(c)(C) agreement drove sentencing
Summary of this case from Ruther v. United StatesOpinion
DOCKET NO. 15-CV-175; SEC. P
06-11-2015
MAGISTRATE JUDGE KIRK
JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge filed previously herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;
IT IS ORDERED THAT the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. §2241 be DISMISSED for lack of jurisdiction.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this 11th day of June, 2015.
/s/_________
JAMES T. TRIMBLE, JR.
UNITED STATES DISTRICT JUDGE