Opinion
99 CR 50059
October 10, 2003
MEMORANDUM OPINION AND ORDER
Defendant, William Simpson, has filed a motion entitled "Motion for Downward Departure" which in reality appears to be a motion pursuant to 28 U.S.C. § 2255. Simpson is a federal prisoner convicted upon his guilty plea of conspiracy to possess with intent to distribute cocaine, 21 U.S.C. § 846. In his plea agreement entered into at the tune of his plea of guilty, Simpson waived his right to appeal his sentence and his right to challenge his sentence or the manner in which it was determined in any collateral attack, including a § 2255 motion. Simpson does not challenge the voluntaries of his guilty plea nor the ineffective assistance of counsel with respect to the negotiation of his waiver. Thus, his waiver bars any collateral relief in this motion whether it is termed a § 2255 motion or not. See Mason v. United States, 211 F.3d 1065 (7th Cir. 2000). The court further notes that the request for downward departure in his motion under U.S.S.G, § 5H1.4 was not excepted from the waiver provision and was presented to this court at sentencing and denied. He also received the benefits of a sentence reduction under Rule 11(c)(1)(C), This motion is summarily dismissed.