Opinion
No. 2:10-cr-00230-MCE
09-22-2011
UNITED STATES OF AMERICA, Plaintiff, v. SOCORRO TORRES-PERALTA, Defendant.
BENJAMIN B. WAGNER United States Attorney By: Michele Beckwith Assistant U.S. Attorney DANIEL BRODERICK Federal Defender DOUGLAS J. BEEVERS Assistant Federal Defender Attorney for Defendant
BENJAMIN B. WAGNER
United States Attorney
MICHELE BECKWITH
Assistant U.S. Attorney
STIPULATED REQUEST AND ORDER
TO WITHDRAW DEFENDANT'S
MOTION FOR SENTENCE RELIEF
On September 30, 2010, the defendant entered a plea of guilty to the single-count indictment charging her with a violation of Title 8, United States Code, Section 1326(a) and (b)(2). Her plea was entered pursuant to a plea agreement, in which she waived all rights to challenge her conviction or sentence. This waiver included the right to file any motion to modify or reduce her sentence. Furthermore, the plea agreement set forth the parties' stipulation that a sentence at the low end of the applicable guidelines range (i.e., forty-six months) was a reasonable sentence.
On July 29, 2011, the defendant filed a pro se "Motion for Sentence Relief under the Federal Prison Bureau Non-Violent Offender Relife [sic] Act 2003." In August 2011, the undersigned defense counsel communicated with the defendant regarding the fact that her plea waiver barred this motion, and the defendant agreed that the motion should be withdrawn. Furthermore, the parties agree that, as a matter of law, the defendant is not eligible for early release because she is subject to an immigration detainer and because she has a prior robbery conviction. See 28 C.F.R. 550.55(b).
Based on the foregoing, it is HEREBY STIPULATED by and between the parties, Michele Beckwith, Assistant United States Attorney, and Douglas Beevers, Assistant Federal Defender, attorney for SOCORRO TORRES-PERALTA, that the defendant's July 29, 2011 Motion for Sentence Relief should be withdrawn.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
By: Michele Beckwith
Assistant U.S. Attorney
DANIEL BRODERICK
Federal Defender
DOUGLAS J. BEEVERS
Assistant Federal Defender
Attorney for Defendant
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, the Court grants the request to withdraw the defendant's Motion for Sentence Relief.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE