Summary
holding that the § 2255 motion seeking to remove a past conviction from Caudle's PSR in order for him to qualify for early release was untimely, barred by the waiver clause in Caudle's plea agreement, and failed to state a claim upon which relief could be granted, noting that, unlike Fraley, the government objected to the motion and there was no need to conform the sentence to the intentions of the sentencing court
Summary of this case from Tribble v. United StatesOpinion
CRIMINAL CASE NO. 3:09CR-95-1-S
03-12-2014
JUDGMENT
For the reasons set forth in the Report and Recommendation of the magistrate judge (DN 79), which this Court has adopted in full, and for the reasons articulated in the Memorandum Opinion entered this date, it is hereby ordered, decreed, and adjudged,
1) That the motion of the Petitioner, Willie Caudle, filed herein pursuant to 28 U.S.C. § 2255 (DN 75), may be and the same is hereby DENIED AND DISMISSED WITH PREJUDICE.
2) That because no jurist of reason could find it debatable that the Petitioner's motion is time-barred, and that he waived any right to file such Petition, and that the substantive grounds upon which the Petitioner relies are not cognizable under 28 U.S.C. § 2255, a certificate of appealability may be in the same is hereby DENIED.
IT IS SO ORDERED.
Charles R. Simpson III, Senior Judge
United States District Court
cc Petitioner, pro se
United States Attorney
Counsel of Record