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United States v. Alvarez-Morales

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Oct 11, 2012
CASE NO. 11-CR-5051 (S.D. Cal. Oct. 11, 2012)

Opinion

CASE NO. 11-CR-5051

10-11-2012

UNITED STATES OF AMERICA, Plaintiff-Respondent, v. JUAN ALVAREZ-MORALES, Defendant-Petitioner.


ORDER

(1) DENYING PETITIONER'S

MOTION FOR TIME REDUCTION

PURSUANT TO 28 U.S.C. § 2255

AND

(2) DENYING CERTIFICATE OF

APPEALABILITY

Petitioner Juan Alvarez-Morales filed a motion for reduction of time pursuant to 28 U.S.C. § 2255. He seeks relief on the grounds that due to his alien status he is ineligible for a one year reduction of sentence through a drug program, an early release to a half-way house, or a Unicor job. [Pet. at 2.] Petitioner argues that the availability of these programs to United States citizens but not to aliens violates the Equal Protection Clause of the Fourteenth Amendment, deprives him of Due Process under the Fifth Amendment, and violates the Equal Rights Act of 1964. [Id.]

Petitioner submitted a three page Petition in which he simply lists the Constitutional clauses.

DISCUSSION

Petitioner pleaded guilty to Importation of Cocaine in violation of 21 U.S.C. §§ 952 & 960, which carries a maximum sentence of up to life in prison and a mandatory minimum sentence of 10 years in prison. [Doc. 17, at 3.] As part of his plea agreement he waived his rights to appeal or collaterally attack his sentence. [Doc. 17, at 10.] 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.

IT IS SO ORDERED.

_________________

M. James Lorenz

United States District Court Judge


Summaries of

United States v. Alvarez-Morales

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Oct 11, 2012
CASE NO. 11-CR-5051 (S.D. Cal. Oct. 11, 2012)
Case details for

United States v. Alvarez-Morales

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Respondent, v. JUAN ALVAREZ-MORALES…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Oct 11, 2012

Citations

CASE NO. 11-CR-5051 (S.D. Cal. Oct. 11, 2012)