Opinion
Civ. 2926 (LAK)
September 19, 2002
ORDER
Movant's motion for reconsideration (docket item 2) is denied. As previously noted, movant agreed neither to appeal from nor challenge via Section 2255 any sentence of 71 months or less. He was sentenced to 57 months. He has waived his present contention that the Presentence Report incorrectly computed the guideline range.
Further, movant's contention that the Court did not permit him to file additional supporting papers is baseless. Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts required the Court to examine the motion and the record of the case promptly and to dismiss the motion "summarily" "[i]f it plainly appear[ed] from the face of the motion . . . and the prior proceedings . . . that the movant is not entitled to relief." The Court made that examination. The examination revealed that movant plainly was entitled to no relief. In consequence, the Court, as it was required to do, denied the motion summarily.
SO ORDERED.