Figueroa-Dominguez v. United States Of America Do not docket in this case. Docket entries should be made in 4:15-cr-570(01).
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
April 24, 2017
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
David J. Bradley, Clerk
LUIS MIGUEL FIGUEROA-DOMINGUEZ, §
UNITED STATES OF AMERICA,
CIVIL ACTION NO. H-17-1166
(Criminal No. H-15-570-01)
MEMORANDUM OPINION AND ORDER
Motion Under 28 U.S.C.
2255 to Vacate,
Sentence By a Person in Federal Custody ("§ 2255 Motion")
Entry No. 48) . 1
On December 21, 2015, petitioner pleaded guilty to
illegal reentry by a
previously deported alien after a
conviction in violation of 8 u.s.c. §§ 1326(a) and (b) (1); and on
Sentencing Guideline range to 29 months in prison and three years
of supervised release
(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
The court has carefully reviewed Figueroa-Dominguez's
Motion as required by Rule 4(b) of the Rules Governing Section 2255
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.
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
These claims are not valid grounds for granting
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
In Ground Three Figueroa-Dominguez argues that his attorney
spoke harshly with him and made him feel uncomfortable and that he
At his rearraignment Figueroa-Dominguez testified
Did your lawyer discuss with you the
charge against you and what the government
would have to prove to establish your
Did he discuss with you the evidence that
the government has against you?
Did he discuss with you how the federal
advisory sentencing guidelines might apply
in your case?
Did your lawyer explain to you that you
will be deported after you serve your
Has he done everything that you have asked
him to do?
Are you fully satisfied with the advice
and counsel that your lawyer has provided
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
2255 Motion provide no facts
Under 28 U.S.C.
2255 to Vacate, Set Aside, or Correct Sentence By
a Person in Federal Custody (Docket Entry No. 48) is DISMISSED WITH
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.
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