Summary
explaining the defendant met neither prong of Strickland where the defendant knowingly and voluntarily entered into his plea agreement that included a waiver of his right to file a motion for downward departure or request a variance
Summary of this case from Dominguez v. United StatesOpinion
CASE NO. 8:07CR397.
June 16, 2009
JUDGMENT
In accordance with the accompanying memorandum and order,
IT IS ORDERED:
1. The Court has completed the initial review of the Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Filing No. 66);
2. Upon initial review, the Court summarily dismisses the Defendant's claims raised in the § 2255 motion;
3. The Defendant's motion for leave to proceed in pauperis (Filing No. 67) is denied as moot; and
4. The Clerk is directed to mail a copy of this judgment to the Defendant at his last-known address.