Opinion
Case No. 2:03CV888K
May 27, 2004
ORDER
This matter is before the court on Plaintiff's Motion to Vacate Sentence under 28 U.S.C. § 2255. On July 19, 2001, Petitioner was charged in a two-count Complaint, which alleged that he had received, distributed, and possessed child pornography. On August 22, 2001, an Indictment was returned against him, charging him with the same two counts contained in the Complaint. On March 13, 2002, Petitioner pleaded guilty to County I of the Indictment, and, pursuant to the plea agreement, the government dismissed Count II of the Indictment. On August 12, 2002, Petitioner was sentenced to 51 months in the custody of the Bureau of Prisons, followed by 36 months of supervised release.
In his Motion to Vacate Sentence, Petitioner argues that he was denied effective assistance of counsel, that his due process rights were violated, and that he should have been given additional credit for acceptance of responsibility pursuant to U.S.S.G. § 5K1.1. The United States has thoroughly responded to each of these arguments.
For the reasons set forth by the United States in its Response in Opposition to Petitioner's Motion to Vacate Under 28 U.S.C. § 2255, the court hereby DENIES Petitioner's Motion to Vacate.