Lopez Estrada v. United States

Good Law
United States District Court, Southern District of CaliforniaApril 3, 20203:19-cv-01291California1,632 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case No.: 17cr2726-LAB and 19cv1291-LAB Plaintiff,

v. ORDER DENYING MOTION

UNDER 28 U.S.C. § 2255

ARMANDO MARTIN LOPEZ

ESTRADA,

15 Defendant.

17 Defendant Armando Martin Lopez Estrada pled guilty, pursuant to a plea agreement, to conspiracy to distribute methamphetamine and cocaine, and conspiracy to import methamphetamine and cocaine. He has now filed a motion under 28 U.S.C. § 2255 asserting, among other things, that his attorney did not explain the plea agreement’s waiver of collateral attack to him. His other claims depend in large part on the voluntariness of his plea agreement and the effectiveness of his waiver. Legal Standards and Procedural History To be entitled to a hearing, petitioner must allege specific facts which, if true, would entitle him to relief. United States v. McMullen, 98 F.3d 1155, 1159 (9th Cir. 1996). Under § 2255(b), if the records and files…

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