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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
EDWIN MADERA,
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Petitioner,
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vs.
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UNITED STATES OF AMERICA,
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Respondent.
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No. CV-F-06-1336 OWW
(No. CR-F-03-5131 REC)
ORDER DISMISSING
PETITIONER'S MOTION TO
VACATE, SET ASIDE OR CORRECT
SENTENCE PURSUANT TO 28
U.S.C. § 2255 AND DIRECTING
ENTRY OF JUDGMENT FOR
RESPONDENT
On September 26, 2006, petitioner Edwin Madera, proceeding
in pro per, filed a motion to vacate, set aside, or correct
sentence pursuant to 28 U.S.C. § 2255.
Petitioner was indicted with others with one count of
conspiracy to distribute methamphetamine in violation of 21
U.S.C. §§ 841(a)(1) and (b)(1)(A) and 846, ten counts of
distribution of methamphetamine in violation of Sections
841(a)(1) and (b)(1)(A), and one count of possession of
methamphetamine with intent to distribute in violation of
Case 1:06-cv-01336-OWW Document 2 Filed 10/04/2006 Page 1 of 5
(2255-1:03-cr-5131-OWW) Madera v. USA
Doc. 2
Dockets.Justia.com
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Sections 841(a)(1) and (b)(1)(A). On June 7, 2004, petitioner,
who was represented by Assistant Federal Defender Ann Veris,
pleaded guilty pursuant to a written Plea Agreement to the
conspiracy count. The plea agreement specifically provided:
The defendant is aware that Title 18, United
States Code, Section 3742 affords a defendant
the right to appeal the sentence imposed.
Acknowledging this, the defendant knowingly
waives the right to appeal his conviction or
sentence (or the manner in which that
sentence was determined) which is in
accordance with the maximum provided [by]
Title 21, United States Code, Section
841(b)(1)(A) on the grounds set forth in
Title 18, United States Code, Section 3742 or
on any ground whatever, in exchange for the
concessions made by the United States in this
plea agreement. The defendant also waives
his right to challenge his conviction,
sentence o