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United States of America v. Lucio Najera-Corchado

December 22, 2010

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
LUCIO NAJERA-CORCHADO,
DEFENDANT/MOVANT.



ORDER

On November 19, 2010, Movant Lucio Najera-Corchado, who is confined in the Corrections Corporation of America's Central Arizona Detention Center in Florence, Arizona, filed a pro se "Motion for Time Reduction by an Inmate in Federal Custody." In a November 23, 2010 Order, the Court denied the Motion because it was not filed on a court-approved form and gave Movant 30 days to file an amended § 2255 motion on a court-approved form.

On December 20, 2010, Movant filed an Amended Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Doc. 4). The Court will summarily dismiss the amended motion.

I. Procedural History

Pursuant to a plea agreement, Movant pled guilty to Re-entry of a Removed Alien, in violation of 8 U.S.C. § 1326(a), with sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(1). The plea agreement provided for a sentencing range of 4 to 63 months. On November 15, 2010, the Court sentenced Movant to a 13-month term of imprisonment followed by 3 years on supervised release. Movant seeks a reduction of his sentence.

II. Summary Dismissal

A district court must summarily dismiss a ยง 2255 application "[i]f it plainly appears from the motion, any attached exhibits, and the record of prior proceedings that the moving party is not entitled to relief." Rule 4(b), Rules Governing Section 2255 Proceedings for the United States District Courts. When this standard is satisfied, neither a hearing nor a response from the government is required. See Marrow v. ...


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