Figueroa-Dominguez v. United States Of America Do not docket in this case. Docket entries should be made in 4:15-cr-570(01).

Filing 2

MEMORANDUM OPINION AND ORDER dismissing with prejudice 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 4:15-cr-570 (Defendant No. 01) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)

United States District Court
Southern District of Texas

ENTERED
April 24, 2017

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

David J. Bradley, Clerk

LUIS MIGUEL FIGUEROA-DOMINGUEZ, §
§
§
§
§
§
§
§
§

Petitioner,

v.
UNITED STATES OF AMERICA,
Respondent.

CIVIL ACTION NO. H-17-1166
(Criminal No. H-15-570-01)

MEMORANDUM OPINION AND ORDER

Petitioner,

Luis

Motion Under 28 U.S.C.

Miguel
§

Figueroa-Dominguez,

2255 to Vacate,

has

Set Aside,

filed

or Correct

Sentence By a Person in Federal Custody ("§ 2255 Motion")
Entry No. 48) . 1

a

(Docket

On December 21, 2015, petitioner pleaded guilty to

illegal reentry by a

previously deported alien after a

felony

conviction in violation of 8 u.s.c. §§ 1326(a) and (b) (1); and on
March

17,

2016,

petitioner

was

sentenced

within

the

advisory

Sentencing Guideline range to 29 months in prison and three years
of supervised release
No. 25).

(Judgment in a Criminal Case, Docket Entry

On February 27, 2017, petitioner's sentence was affirmed

on appeal (Judgment, United States Court of Appeals, Docket Entry
No. 46).
The court has carefully reviewed Figueroa-Dominguez's

§

2255

Motion as required by Rule 4(b) of the Rules Governing Section 2255

1

All docket entry references are to Criminal No. H-15-570.

Proceedings for the United States District Courts and concludes
that a response to his motion is not required.
In

Grounds

One

and Two

of

his

§

2255

Motion

Figueroa-

Dominguez argues that his sentence is too high because he already
served time in prison based on prior convictions, which increased
his guideline range, and is too high when compared to other illegal
reentry sentences.
relief under

§

These claims are not valid grounds for granting

2255.

See United States v. Vaughn, 955 F.2d 367,

368 (5th Cir. 1992).
In Ground Four Figueroa-Dominguez argues that the court's
sentence of three years of supervised release (mistakenly referred
to as probation by Figueroa-Dominguez)

is inconsistent with the

court's denial of pretrial supervision.

This argument is meritless

and not cognizable in a

§

2255 motion.

In Ground Three Figueroa-Dominguez argues that his attorney
spoke harshly with him and made him feel uncomfortable and that he
might

have

received a

represented him.

lower

sentence

if

another attorney

had

At his rearraignment Figueroa-Dominguez testified

as follows:
THE COURT:

Did your lawyer discuss with you the
charge against you and what the government
would have to prove to establish your
guilt?

DEFENDANT:

Yes, sir.

THE COURT:

Did he discuss with you the evidence that
the government has against you?

DEFENDANT:

Yes, sir.
-2-

THE COURT:

Did he discuss with you how the federal
advisory sentencing guidelines might apply
in your case?

DEFENDANT:

Yes, sir.

THE COURT:

Did your lawyer explain to you that you
will be deported after you serve your
sentence?

DEFENDANT:

Yes, sir.

THE COURT:

Did your
questions?

DEFENDANT:

Yes, sir.

THE COURT:

Has he done everything that you have asked
him to do?

DEFENDANT:

Yes, sir.

THE COURT:

Are you fully satisfied with the advice
and counsel that your lawyer has provided
you?

DEFENDANT:

Yes, sir.

lawyer

answer

all

of your

Transcript of December 21, 2015, Hearing on Re-arraignment, Docket
Entry No. 40, page 7 line 22 through page 8 line 19.
statements in Figueroa-Dominguez's
that

would

ineffective

raise
or

a

that

cognizable

§

The vague

2255 Motion provide no facts

claim

Figueroa-Dominguez

that
was

his

attorney

prejudiced

by

was
his

attorney's representation.
For the
Under 28 U.S.C.

reasons
§

stated above

Figueroa-Dominguez's Motion

2255 to Vacate, Set Aside, or Correct Sentence By

a Person in Federal Custody (Docket Entry No. 48) is DISMISSED WITH
PREJUDICE.
-3-

The Clerk of Court is ORDERED to provide a

copy of this

Memorandum Opinion and Order to Luis Miguel Figueroa-Dominguez and
to the United States Attorney for the Southern District of Texas,
and to file a copy of this Memorandum Opinion and Order in the
corresponding civil action.
SIGNED at Houston, Texas, on this 24th day of April, 2017.

UNITED

-4-

LAKE
DISTRICT JUDGE