Bautista Manzo v. USA

Filing 2

ORDER denying Petition to Vacate under 28 USC 2255. Signed by Judge Larry Alan Burns on 4/3/17.(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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CASE NO. 16cr638-LAB-1 and
17cv619-LAB
Plaintiff,

vs.

ORDER DENYING MOTION UNDER 28
U.S.C. § 2255

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SERGIO BAUTISTA MANZO,
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Defendant.
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Defendant Sergio Bautista Manzo pled guilty to one count of importation of marijuana

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and was sentenced to 30 months’ imprisonment followed by three years’ supervised release.

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Under his plea agreement, he waived any right to appeal and collateral attack his conviction,

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except for a collateral attack based on a claim of ineffective assistance of counsel. (Docket

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no. 17 at 11:12–16.)

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Bautista Manzo did not file an appeal, but he he filed a motion to vacate his

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conviction, under 28 U.S.C. § 2255. He is not challenging the voluntariness of his plea, or

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his counsel’s effectiveness in advising him or allowing him to plead guilty. Instead, he argues

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that his Fifth Amendment rights were violated when he was questioned at the border. He

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argues that his confession was involuntary and thus inadmissible, and that his counsel was

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ineffective for failing to make that argument. He also contends his counsel should have

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pointed out inconsistencies in the prosecution’s case.
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16cv638 and 17cv619

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Bautista Manzo’s guilty plea waived all those alleged defects. United States v. Davis,

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452 F.2d 577, 578 (9th Cir. 1971) (“[A] plea of guilty admits all averments of fact in the

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indictment, all defects not jurisdictional are cured, all defenses are waived and the

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prosecution is relieved from the duty of proving any facts.”). Furthermore, his counsel was

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not ineffective for failing to challenge admissibility of his confession, because there was no

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trial and therefore no occasion to challenge admissibility.

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The motion is DENIED.

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IT IS SO ORDERED.
DATED: April 3, 2017

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HONORABLE LARRY ALAN BURNS
United States District Judge

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16cv638 and 17cv619