Ford

United States v. Ford

Good Law
216 F. App'x 652
United States Court of Appeals for the Ninth CircuitJanuary 3, 2007No. 06-35000California368 words

Opinion

Lead Opinion

MEMORANDUM *

Patrice Lumumba Ford was charged by indictment in May 2003 with eight counts, including Conspiracy to Levy War Against the United States in violation of 18 U.S.C. § 2384 , or “seditious conspiracy.” Prior to trial, Ford entered a plea agreement under which he pled guilty to the seditious conspiracy charge and the Government dropped the remaining charges. Section 2384 lacks its own specific sentencing guideline, so the plea agreement stipulated to an appropriate sentence based on the parties’ agreement that the most analogous sentencing guideline is U.S.S.G. § 2ml.l(a)(l), the guideline for treason. The district court sentenced Ford to eighteen years imprisonment per the plea agreement’s terms. Ford now requests habeas relief on the basis of his argument that § 2ml.l(a)(l) is not “sufficiently analogous” to his crime, see U.S.S.G. § 2X5.1, *653 and that his counsel’s failure to inform him of this perceived error amounted to ineffective assistance of counsel.

We review the district court’s denial of a 28 U.S.C. § 2255 petition de novo. See United States v. Rodrigues, 347 F.3d 818, 823 (9th Cir.2003).

We have carefully reviewed the record and conclude that Ford has…

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