GONZALEZ v. U.S., H-11-828. (2013)
Court: District Court, S.D. Texas
Number: infdco20130703e48
Visitors: 8
Filed: Jul. 01, 2013
Latest Update: Jul. 01, 2013
Summary: MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. Petitioner, Diderico Lopez Gonzalez, has filed a Motion Pursuant 5K3.1 "Fast Track Law" or Early Disposition Relief U.S.S.G. 2L1.2 Motion Pursuant to 2255, to vacate set aside or correct sentence to a federal inmate (pro se) (Docket Entry No. 1 in C.A. No. H-13-1059i Docket Entry No. 41 in Crim. No. H-11-828). Pending before the court is the United States' Motion to Dismiss 2255 Motion (Docket Entry No. 45 in Crim. No. H-11-828). G
Summary: MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. Petitioner, Diderico Lopez Gonzalez, has filed a Motion Pursuant 5K3.1 "Fast Track Law" or Early Disposition Relief U.S.S.G. 2L1.2 Motion Pursuant to 2255, to vacate set aside or correct sentence to a federal inmate (pro se) (Docket Entry No. 1 in C.A. No. H-13-1059i Docket Entry No. 41 in Crim. No. H-11-828). Pending before the court is the United States' Motion to Dismiss 2255 Motion (Docket Entry No. 45 in Crim. No. H-11-828). Go..
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MEMORANDUM OPINION AND ORDER
SIM LAKE, District Judge.
Petitioner, Diderico Lopez Gonzalez, has filed a Motion Pursuant § 5K3.1 "Fast Track Law" or Early Disposition Relief U.S.S.G. 2L1.2 Motion Pursuant to § 2255, to vacate set aside or correct sentence to a federal inmate (pro se) (Docket Entry No. 1 in C.A. No. H-13-1059i Docket Entry No. 41 in Crim. No. H-11-828). Pending before the court is the United States' Motion to Dismiss § 2255 Motion (Docket Entry No. 45 in Crim. No. H-11-828).
Gonzalez argues that the court erred in not reducing his advisory sentencing guideline range because he was eligible for the "Fast Track" program and in increasing his base offense level by 16 levels because of his prior drug trafficking conviction. Gonzalez's arguments that the court misapplied the sentencing guidelines are not cognizable in a § 2255 action. United States v. Williamson, 183 F.3d 458, 462 (5th Cir. 1999).
Because neither of the grounds for relief asserted by Gonzalez is cognizable in a § 2255 action, the United States' Motion to Dismiss § 2255 Motion (Docket Entry No. 45 in Crim. No. H-11-828) is GRANTED.
Source: Leagle
