The opinion of the court was delivered by: Irenas, Senior District Judge
HONORABLE JOSEPH E. IRENAS
Before the Court is Petitioner's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. For the reasons set forth below, the Court will deny Petitioner's Motion.
Petitioner, a citizen of Chile, initially entered the United States in 1973. Since then, he has been arrested and convicted a number of times. In 1986, Petitioner was convicted in the Superior Court of Hudson County, New Jersey, on a felony charge of possession with intent to distribute a controlled dangerous substance. Petitioner was sentenced to 7 years imprisonment. As a result of this conviction, Petitioner was deported on or about June 8, 1994.
Approximately one year later, Petitioner returned to the United States, without permission and in violation of 8 U.S.C. § 1326(a). Following his illegal return, Petitioner was arrested and convicted on a number of occasions.
Federal immigration officials apprehended Petitioner on February 14, 2006. Petitioner was charged in a one-count information with illegal re-entry after deportation subsequent to a conviction for the commission of an aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2). Petitioner plead guilty to the charge on March 1, 2007, pursuant to a written plea agreement.
The U.S. Probation Office submitted its pre-sentence report. Petitioner's extensive criminal history equated to 29 criminal history points, leading to a criminal history category of VI. The U.S. Probation Office concluded that the appropriate Guideline range for imprisonment was 77 to 96 months. Petitioner agreed that this was the appropriate Guideline range.
Nonetheless, Petitioner urged this Court to impose a sentence below the indicated range based on his recent rehabilitation, as well as his participation in institutional programs during his latest incarceration.
On June 22, 2007, this Court sentenced Petitioner to 77 months imprisonment and 3 years of supervised release.
Petitioner appealed this Court's decision to the United States Court of Appeals for the Third Circuit, which upheld this Court's sentence in an opinion issued on October 24, 2008.
Petitioner filed the present motion pursuant to 28 U.S.C. § 2255 with this Court on January 11, 2010.
Section 2255 provides, in pertinent part, that: A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to ...