Delgado v. U.S., 18cv455-LAB. (2018)
Court: District Court, N.D. California
Number: infdco20180502h43
Visitors: 32
Filed: Apr. 30, 2018
Latest Update: Apr. 30, 2018
Summary: ORDER DENYING MOTION UNDER 28 U.S.C. 2255 LARRY ALAN BURNS , District Judge . Veronica Estrada Delgado pled guilty to conspiracy to import methamphetamine and heroin. The guidelines suggested up to 210 months in jail—the Court sentenced Estrada to 87 months. Estrada filed a 2255 petition challenging her sentence because she didn't receive a reduction for minor role. But Estrada knowingly and voluntarily agreed to waive any collateral attack on her sentence if it was less than 120 months
Summary: ORDER DENYING MOTION UNDER 28 U.S.C. 2255 LARRY ALAN BURNS , District Judge . Veronica Estrada Delgado pled guilty to conspiracy to import methamphetamine and heroin. The guidelines suggested up to 210 months in jail—the Court sentenced Estrada to 87 months. Estrada filed a 2255 petition challenging her sentence because she didn't receive a reduction for minor role. But Estrada knowingly and voluntarily agreed to waive any collateral attack on her sentence if it was less than 120 months...
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ORDER DENYING MOTION UNDER 28 U.S.C. § 2255
LARRY ALAN BURNS, District Judge.
Veronica Estrada Delgado pled guilty to conspiracy to import methamphetamine and heroin. The guidelines suggested up to 210 months in jail—the Court sentenced Estrada to 87 months. Estrada filed a § 2255 petition challenging her sentence because she didn't receive a reduction for minor role. But Estrada knowingly and voluntarily agreed to waive any collateral attack on her sentence if it was less than 120 months. United States v. Abarca, 985 F.2d 1012, 1014 (9th Cir. 1993). And her role wasn't minor: she conspired to import at least 6 pounds of methamphetamine, 20 pounds of heroin, and used her home as the collection point for the drugs. See United States v. Lambarena-Jaime, 617 F. App'x 662, 663 (9th Cir. 2015) (affirming denial of minor role for conspiring to import methamphetamine). The motion is DENIED.
IT IS SO ORDERED.
Source: Leagle
