Opinion
CV 11-1052 JC/WPL CR 10-0606 JC
04-09-2012
MARIO ALDO SAUCEDA, Movant/Defendant, v. UNITED STATES OF AMERICA, Respondent/Plaintiff.
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND
RECOMMENDED DISPOSITION
This matter is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition and Mario Aldo Sauceda's objections thereto. (Doc. 73, 76.) In his objections, Sauceda contends that his defense counsel's performance was constitutionally deficient because he did not object to the application of the Sentencing Guidelines and because he negotiated a plea agreement that relinquished all of Sauceda's rights. (Doc. 76 at 1-3.) After conducting a de novo review, I find these objections to be without merit. Sauceda also requests an evidentiary hearing. (Id. at 5.) Because his claims can be resolved on the basis of the record, a hearing is not necessary. See Parker v. Scott, 394 F.3d 1302, 1324 (10th Cir. 2005).
All document number references are to CR 10-606 JC.
IT IS THEREFORE ORDERED that:
1) the Magistrate Judge's Proposed Findings and Recommended Disposition are adopted as an order of the Court;
2) the Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255 (Doc. 65) is denied;
3) this cause is dismissed with prejudice; and
4) a certificate of appealability is denied.
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JOHN EDWARDS CONWAY
SENIOR UNITED STATES DISTRICT JUDGE