Opinion
Criminal No. 11-CR-2501-L Civil No. 12-CV-314-L
02-09-2012
JOSE NORIEGA-SANCHEZ, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER DISMISSING WITH
PREJUDICE PETITIONER'S
MOTION FOR REDUCTION OF
SENTENCE UNDER 28 U.S.C. § 2255
On February 6, 2012, Petitioner Jose Noriega-Sanchez ("Petitioner") filed a Motion for Reduction of Sentence pursuant to 28 U.S.C. § 2255. Petitioner essentially requests that this Court reduce his sentence due to his immigration removal status. The Court has reviewed the record in this case, which clearly establishes that on July 14, 2011, Petitioner waived both his right to appeal and to collaterally attack his conviction and sentence. (Plea Agreement ¶ XI.) Petitioner's motion raises no challenge to the validity of that waiver, therefore this Court lacks jurisdiction to consider any collateral challenge to his conviction and sentence. See Washington v. Lampert, 422 F.3d 864, 869-70 (9th Cir. 2005) (recognizing that if sentencing agreement's waiver of the right to file a federal habeas petition was valid, district court lacked jurisdiction to hear the case).
Accordingly, Petitioner's Motion For Reduction of Sentence pursuant to 28 U.S.C. § 2255 is DISMISSED WITH PREJUDICE.
______________________
M. James Lorenz
United States District Court Judge
COPIES TO:
PETITIONER
U.S. ATTORNEY'S OFFICE