Lemus-Barragan

MEMORANDUM *

Lemus-Barragan appeals the denial of his motion to vacate, set aside or correct his sentence, made pursuant to 28 U.S.C. § 2255 , without an evidentiary hearing and the denial of his motion for reconsideration. He argues that the deportation underlying his conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a) and (b)(2), should be set aside, as he did not receive the required notice of his right to contact the Mexican consulate. He also now raises ineffective assistance of counsel claims attacking both his plea and his sentence.

‘When a criminal defendant has solemnly admitted in open court that he is in fact *738 guilty of the offense with which he is charged, he may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea. He may only attack the voluntary and intelligent character of the guilty plea.” Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973). On April 26, 1996, Lemus-Barragan entered into a conditional plea agreement, in which he admitted the elements of the offense, and on April 30, 1996,…