Gonzalez-Lozano v. USA
ORDER Denying Motion Under 28 U.S.C. § 2255. Signed by Judge Larry Alan Burns on 7/25/2017.(All non-registered users served via U.S. Mail Service)(lrf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CASE NO. 16cv2852-LAB
ORDER DENYING MOTION UNDER 28
U.S.C. § 2255
UNITED STATES OF AMERICA,
Two years ago Rodrigo Gonzalez-Lozano pled guilty to conspiracy to distribute
methamphetamine. The guidelines suggested up to 210 months in prison; the Court
sentenced Lozano to 99 months. Lozano asks the Court to vacate his sentence because
he received ineffective assistance of counsel. The Court denies the motion for two
First, it’s untimely. Lozano filed this motion more than a year after the Court
entered final judgment on April 13, 2015. 22 U.S.C. § 2255(f); see United States v.
Schwartz, 274 F.3d 1220, 1223 (9th Cir. 2001). Second, counsel wasn’t ineffective by
failing to argue that the government breached its promise of a 70-month sentence. The
plea agreement makes clear that sentencing is in the sole discretion of the judge.1 The
motion is DENIED.
IT IS SO ORDERED.
DATED: July 25, 2017
HONORABLE LARRY ALAN Burns
United States District Judge
For example, the agreement states that the sentencing “recommendation made by
the Government is not binding on the Court, and it is uncertain at this time what Defendant’s
sentence will be.” Dkt. 231.
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