Castanon-Guel v. USA

Filing 12

ORDER that the Magistrate Judge's Report and Recommendation 9 is ACCEPTED and ADOPTED by the Court. IT IS FURTHER ORDERED DENYING the Motion to Vacate, Set Aside, or Correct Sentence (Doc. 6). DENYING a Certificate of Appealability and leave to proceed in forma pauperis on appeal because Castanon-Guel has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Paul G Rosenblatt on 9/11/12. (DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Juan Castanon-Guel,

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Defendant/Movant,

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v.

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United States of America,

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Plaintiff/Respondent,
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CR 11-01320-PHX-PGR
CIV 12-00014-PHX-PGR (MEA)
ORDER

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Currently before the Court is the Report and Recommendation (Doc. 9) of Magistrate

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Judge Aspey, based on Juan Castanon-Guel’s Motion to Vacate, Set Aside, or Correct

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Sentence. In his motion, filed pursuant to 28 U.S.C. § 2255, Castanon-Guel challenges his

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sentence for Attempted Reentry of a Removed Alien. He alleges that he pleaded guilty based

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on flawed advice from his attorney and that his sentence was improperly enhanced.

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Magistrate Judge Aspey recommends that the Court deny Castanon-Guel’s motion. The

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Court will adopt the report and recommendation.

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As Magistrate Judge Aspey found, Castanon-Guel, in his written plea agreement with
the United States, waived his right to collaterally attack his convictions and sentences. The
sentence imposed was consistent with the terms of the agreement. Castanon-Guel has failed
to establish that the waiver of his right to collaterally attack his sentence was not knowing
and voluntary.

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Therefore, having reviewed de novo the Report and Recommendation,

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IT IS HEREBY ORDERED that the Magistrate Judge’s Report and Recommendation

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(Doc. 9) is ACCEPTED and ADOPTED by the Court.
IT IS FURTHER ORDERED DENYING the Motion to Vacate, Set Aside, or Correct
Sentence (Doc. 6).

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IT IS FURTHER ORDERED DENYING a Certificate of Appealability and leave to

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proceed in forma pauperis on appeal because Castanon-Guel has not made a substantial

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showing of the denial of a constitutional right.

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DATED this 11th day of September, 2012.

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