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United States of America v. Juan Mendez-Escobar

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 22, 2013

UNITED STATES OF AMERICA
v.
JUAN MENDEZ-ESCOBAR

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 22nd day of April, 2013, upon consideration of the motion (Doc. 43) to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, filed by Juan Mendez-Escobar ("Mendez-Escobar"), and upon further consideration of the government's opposition (Doc. 50) to the motion, and it appearing that MendezEscobar entered a plea of guilty pursuant to a plea agreement (see Doc. 27), and that pursuant to the plea agreement, Mendez-Escobar waived his "right to challenge any conviction or sentence or the manner in which the sentence was determined in any collateral proceeding, including but not limited to a motion brought under Title 28, United States Code, Section 2255" (see id. ¶ 23), and the court finding that Mendez-Escobar's motion is barred by the terms of his plea agreement, it is hereby ORDERED that Juan Mendez-Escobar's motion (Doc. 43) to vacate, set aside, or correct sentence is DENIED.

CHRISTOPHER C. CONNER United States District Judge

20130422

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