Pena-Urquidez v. USA

Filing 2

ORDER Dismissing with Prejudice Petition to Vacate under 28 USC 2255. Signed by Judge M. James Lorenz on 3/19/2013.(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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Defendant-Petitioner, )
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v.
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UNITED STATES OF AMERICA,
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Plaintiff-Respondent. )
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11 RAUL PENA-URQUIDEZ,
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Criminal No. 12-CR-2180-L
Civil No.
13-CV-0202-L
ORDER DISMISSING WITH
PREJUDICE PETITIONER’S
MOTION FOR REDUCTION OF
SENTENCE UNDER 28 U.S.C. § 2255

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On January 24, 2013, Petitioner Raul Pena-Urquidez (“Petitioner”) filed a Motion for
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Reduction of Sentence pursuant to 28 U.S.C. § 2255. Petitioner essentially requests that this
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Court grant a downward departure of up to two points due to Petitioner’s immigration removal
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status. The Court has reviewed the record in this case, which clearly establishes that on March
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24, 2012, Petitioner waived both his right to appeal and to collaterally attack his conviction and
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sentence. (Plea Agreement ¶ XI.) Petitioner’s motion raises no challenge to the validity of that
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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
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was 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. §

2 2255 is DISMISSED WITH PREJUDICE.
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IT IS SO ORDERED.

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5 DATED: March 19, 2013
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M. James Lorenz
United States District Court Judge

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COPIES TO:

11 PETITIONER
U.S. ATTORNEY’S OFFICE

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