Alvarez-Morales v. USA

Filing 2

ORDER Denying Petition to Vacate under 28 USC 2255.Petitioners Motion For Reduction of Sentence pursuant to 28 U.S.C. § 2255 is DISMISSED WITH PREJUDICE. Signed by Judge M. James Lorenz on 10/11/2012.(All non-registered users served via U.S. Mail Service)(sjt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

CASE NO. 11-CR-5051

Plaintiff-Respondent,

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vs.

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ORDER
(1) DENYING PETITIONER’S
MOTION FOR TIME REDUCTION
PURSUANT TO 28 U.S.C. § 2255
AND
(2) DENYING CERTIFICATE OF
APPEALABILITY

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JUAN ALVAREZ-MORALES,
Defendant-Petitioner.

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Petitioner Juan Alvarez-Morales filed a motion for reduction of time pursuant to 28 U.S.C. §

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2255. He seeks relief on the grounds that due to his alien status he is ineligible for a one year

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reduction of sentence through a drug program, an early release to a half-way house, or a Unicor job.

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[Pet. at 2.] Petitioner argues that the availability of these programs to United States citizens but not

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to aliens violates the Equal Protection Clause of the Fourteenth Amendment, deprives him of Due

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Process under the Fifth Amendment, and violates the Equal Rights Act of 1964.1 [Id.]
DISCUSSION

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Petitioner pleaded guilty to Importation of Cocaine in violation of 21 U.S.C. §§ 952 & 960,

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which carries a maximum sentence of up to life in prison and a mandatory minimum sentence of 10

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Petitioner submitted a three page Petition in which he simply lists the Constitutional clauses.

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years in prison. [Doc. 17, at 3.] As part of his plea agreement he waived his rights to appeal or

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collaterally attack his sentence. [Doc. 17, at 10.] Petitioner’s motion raises no challenge to the validity

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of that waiver, therefore this Court lacks jurisdiction to consider any collateral challenge to his

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conviction and sentence. See Washington v. Lampert, 422 F.3d 864, 869-70 (9th Cir. 2005)

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(recognizing that if sentencing agreement’s waiver of the right to file a federal habeas petition was

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valid, district court lacked jurisdiction to hear the case).

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Accordingly, Petitioner’s Motion For Reduction of Sentence pursuant to 28 U.S.C. § 2255 is

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DISMISSED WITH PREJUDICE.

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IT IS SO ORDERED.

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DATED: October 11, 2012

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M. James Lorenz
United States District Court Judge

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5-CR-1481/12-CV-1495