Ulloa-Navarro

Ulloa-Navarro v. United States

Good Law
47 F. Supp. 3d 1057·2014 WL 2624786·2014 U.S. Dist. LEXIS 80959
United States District Court, Southern District of CaliforniaJune 12, 2014Civ. Case No. 13cv3190 BTM; Crim. Case No. 12cr1111 BTMCalifornia1,219 words

Opinion

Lead Opinion

Moskowitz, J.

ORDER DENYING 28 U.S.C. § 2255 MOTION AND DENYING CERTIFICATE OF APPEALABILITY

Defendant Hector Ulloa-Navarro has filed a motion to reduce his sentence under 28 U.S.C. § 2255 (Doc. 264). For the reasons discussed below, Defendant’s motion is DENIED.

I. BACKGROUND

On May 16, 2013, pursuant to a Plea Agreement (Doc. 186), Defendant tendered a plea of guilty to Count One of the Superceding Indictment (knowingly and intentionally conspiring to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), 846). In an order dated July 26, 2013, the Court accepted Defendant’s 'guilty plea. (Doc. 215.)

On November 27, 2013, Defendant was sentenced to a 37 month term of imprisonment and 3 years of supervised release. Judgment was entered on November 27, 2013.

II. DISCUSSION

Defendant argues that his sentence should be reduced on the grounds that (1) the United States Attorney General can suggest a downward departure if the defendant accepts a final deportation order; and (2) “he faces the prospect of objectively more severe prison conditions solely because he is a deportable alien” (Mot. at 4). He also nominally argues that (3) his attorney was ineffective for failing to advise…

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