Opinion
CRIMINAL NO. 4:11-CR-00104
04-22-2013
UNITED STATES OF AMERICA v. JUAN MENDEZ-ESCOBAR
(Judge Conner)
ORDER
AND NOW, this 22nd day of April, 2013, upon consideration of the motion (Doc. 43) to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, filed by Juan Mendez-Escobar ("Mendez-Escobar"), and upon further consideration of the government's opposition (Doc. 50) to the motion, and it appearing that Mendez-Escobar entered a plea of guilty pursuant to a plea agreement (see Doc. 27), and that pursuant to the plea agreement, Mendez-Escobar waived his "right to challenge any conviction or sentence or the manner in which the sentence was determined in any collateral proceeding, including but not limited to a motion brought under Title 28, United States Code, Section 2255" (see id. ¶ 23), and the court finding that Mendez-Escobar's motion is barred by the terms of his plea agreement, it is hereby ORDERED that Juan Mendez-Escobar's motion (Doc. 43) to vacate, set aside, or correct sentence is DENIED.
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CHRISTOPHER C. CONNER
United States District Judge