Moreno v. USA

Filing 1

ORDER denying Defendant's 2255 motion; denying motion for appointment of counsel. (ejdlc3S, COURT STAFF) (Filed on 4/17/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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UNITED STATES OF AMERICA,

Case No. 11-cr-00355 EJD

Plaintiff,
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ORDER DENYING DEFENDANT’S
2255 MOTION; DENYING MOTION
FOR APPOINTMENT OF COUNSEL

v.
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JOSE ANGEL MORENO,

Docket Nos. 852, 854

United States District Court
Northern District of California

Defendant.
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Pursuant to a plea agreement dated May 5, 2016, Defendant Jose Angel Moreno

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(“Defendant”) pled guilty to Racketeering Conspiracy in violation of 18 U.S.C. § 1962(d) and to

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Use of a Firearm in Relation to a Crime of Violence, in violation of 18 U.S.C. § 924(c).

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Dkt. No. 540. Defendant was sentenced to a custodial term of 160 months and 5 years of

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supervised release. Dkt. 606. Judgment was entered on August 8, 2018. Id.

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Presently before the court are Defendants’ (1) motion to vacate, set aside, or correct his
sentence pursuant to 28 U.S.C. § 2255 and (2) motion for appointment of counsel.
Pursuant to paragraph 5 of the plea agreement, Defendant agreed not and waived his right

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to file any collateral attack on his conviction or sentence including a petition under 28 U.S.C. §

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2255. Defendant’s motions are therefore DENIED.

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IT IS SO ORDERED.
Dated: April 17, 2019
______________________________________
EDWARD J. DAVILA
United States District Judge
Case No.: 11-cr-355 EJD
ORDER DENYING DEFENDANT’S 2255 MOTION; DENYING MOTION FOR
APPOINTMENT OF COUNSEL
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