Summary
holding that a defendant who waived his appellate rights may not raise the government's alleged breach of a plea agreement for the first time in a § 2255 motion
Summary of this case from Lawrence v. U.S.Opinion
Case No. 05-72434.
June 22, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is currently before the Court on Magistrate Judge Pepe's Report and Recommendation in which the Magistrate Judge recommends (1) that Petitioner's Motion to Set Aside his Guilty Plea be DENIED and (2) that a Certificate of Appealability should not be issued. On June 13, 2006, Petitioner filed an objection to the Magistrate's Report and Recommendation.
After a thorough review of the court file, Petitioner's Motion and the Government's Response, the Magistrate's Report and Recommendation, and Petitioner's Objections, this Court ADOPTS the Report and Recommendation and enters it as the findings and conclusions of this Court. Accordingly, the Court HEREBY DENIES Petitioner's Motion to Set Aside his Guilty Plea. Additionally, the Court finds that a Certificate of Appealability should not be issued.
IT IS SO ORDERED.