Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Jacaman

United States District Court, S.D. Texas, Laredo Division

June 27, 2018

UNITED STATES OF AMERICA
v.
ROBERT JACAMAN, SR.

          MEMORANDUM OPINION AND ORDER

          KEITH P. ELLISON UNITED STATES DISTRICT JUDGE.

         Defendant Robert Jacaman, Sr., a federal inmate represented by counsel, filed a section 2255 motion to vacate, set aside, or correct his sentence. (Docket Entry No. 379.) The Government filed a motion to dismiss (Docket Entry No. 388), to which Defendant filed a response (Docket Entry No. 389).

         Having considered the motions, the response, the record, and the applicable law, the Court GRANTS the motion to dismiss and DENIES habeas relief, as explained below.

         I. Background and Claims

         Defendant pleaded guilty pursuant to a written plea agreement to conspiracy to smuggle goods from the United States, specifically, firearm ammunition and firearm magazines. The Court sentenced him to 60 months' federal incarceration, and judgment of conviction was entered on June 30, 2014 (Docket Entry No. 313). No. appeal was taken.

         Defendant filed the instant section 2255 petition on September 30, 2016, and the case was reassigned to the undersigned on January 25, 2017. In the instant proceeding, Defendant contends that trial counsel provided ineffective assistance in context of sentencing and that, but for counsel's error, there is a reasonable probability he would have received a lesser term of imprisonment. (Docket Entry No. 379-1, pp. 12-14.)

         The Government argues that Defendant waived his right to pursue collateral review in his plea agreement and that this habeas proceeding should be dismissed.

         II. Legal Standards

         Generally, there are four grounds upon which a defendant may move to vacate, set aside, or correct his sentence pursuant to section 2255: (1) the imposition of a sentence in violation of the Constitution or the laws of the United States; (2) a lack of jurisdiction of the district court that imposed the sentence; (3) the imposition of a sentence in excess of the maximum authorized by law; and (4) the sentence is otherwise subject to collateral attack. 28 U.S.C. § 2255; United States v. Placente, 81 F.3d 555, 558 (5th Cir. 1996). Section 2255 is an extraordinary measure, and cannot be used for errors that are not constitutional or jurisdictional if those errors could have been raised on direct appeal. United States v. Stumpf, 900 F.2d 842, 845 (5th Cir. 1990). If the error is not of constitutional or jurisdictional magnitude, the movant must show the error could not have been raised on direct appeal and would, if condoned, result in a complete miscarriage of justice. United States v. Smith, 32 F.3d 194, 196 (5th Cir. 1994).

         III. Analysis

         As part of his written plea agreement, Defendant signed a waiver of appeal and collateral review, wherein he agreed to the following:

Defendant is aware that Title 28, United States Code, § 1291, and Title 18, United States Code, § 3742, afford a defendant the right to appeal the conviction and sentence imposed. Defendant knowingly and voluntarily waives the right to appeal the conviction and the sentence imposed, or the manner in which the sentence was determined. Additionally, Defendant is aware that Title 28, United States Code, § 2255, affords the right to contest or "collaterally attack" a conviction or sentence after the conviction or sentence has become final. Defendant knowingly and voluntarily waives the right to contest his/her conviction or sentence by means of any post-conviction proceeding.
Defendant understands and agrees that each and all waivers contained in the Agreement are made in exchange for the concessions made by the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.