Gomez-Cardenas
Gomez-Cardenas v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case Nos.: 15CR2547-JLS 17CV0237-JLS Plaintiff/Respondent,
v. ORDER DENYING PETITIONER’S MOTION UNDER 28 U.S.C. § 2255 and MAXIMO GOMEZ-CARDENAS (2), DENYING CERTIFICATE OF
APPEALABILITY
Defendant/Petitioner. 16 Currently pending before the Court is Petitioner Maximo Gomez-Cardenas’ Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (Doc. No. 145). The Court has considered Petitioner’s motion and the record in this case and, for the reasons set forth below, will deny the motion. Background Petitioner was charged with conspiracy to distribute methamphetamine and heroin in violation of 21 U.S.C. §§ 841(a)(1) and 846. (ECF No. 70.) On December 29, 2015, Petitioner pled guilty to the charge pursuant to a plea agreement. (ECF No. 66, 79.) Under the terms of the plea agreement, Petitioner agreed to waive any right to appeal or…