U.S. v. Andrade

Full title: United States of America v. Antonio Andrade

Court: United States District Court, N.D. Illinois, Western Division

Date published: Sep 24, 2002

Case Number: 02 C 50312 (N.D. Ill. Sep. 24, 2002)

Opinion

Case Number: 02 C 50312

September 24, 2002

MEMORANDUM OPINION AND ORDER

PHILIP G. REINHARD, United States District Judge.

Defendant, Antonio Andrade, has filed pro se a motion to modify or correct his sentence pursuant to 28 U.S.C. § 2255. He also has filed motions for an evidentiary hearing, an expedited hearing, and a request to this court to contact the Regional Director of the Bureau of Prisons. The government has responded. For the following reasons, the court denies all motions.

Andrade's § 2255 motion seeks clarification and modification of his sentence. But Andrade specifically waived his right to challenge his sentence or the manner in which it was determined through a collateral proceeding in his plea agreement. Where a defendant waives his right to attack his sentence by collateral relief, such a waiver will be enforceable unless the defendant shows that the waiver was not knowing and voluntary or establishes a claim of ineffective assistance of counsel in connection with the negotiations of the plea agreement or the waiver therein. See Mason v. United States, 211 F.3d 1065, 1069 (7^th Cir. 2000), cert. denied, 531 U.S. 1175 (2001). Here, Andrade has not advanced any reason why the waiver rule should not be applied. In any event, Andrade's contentions in his § 2255 motion are meritless. The court's oral pronouncement of sentence and the written Judgment and Commitment Order are not at variance. Andrade's supervised release begins immediately after his release from the Bureau of Prisons and his home confinement is to be served during his supervised release. Defense counsel was not ineffective at sentencing for precisely the reasons set forth in the government's response brief and no further elaboration is necessary. There is no need for an evidentiary or expedited hearing. All relief is denied.

JUDGMENT IN A CIVIL CASE

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS HEREBY ORDERED AND ADJUDGED that Antonio Andrade's motion to modify or correct his sentence pursuant to 28 U.S.C. § 2255, motion for an evidentiary hearing, motion for expedited hearing and a request to this court to contact the Regional Director of the Bureau of Prisons are denied.