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Deltoro-Aguilera v. US, No. 08-3783

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By FindLaw Staff on November 02, 2010 1:43 PM

Drug Conspiracy Sentence Affirmed

In Deltoro-Aguilera v. US, No. 08-3783, defendant's appeal from a denial of his motion to vacate, set aside, or correct his sentence for conspiracy to distribute methamphetamine, the court affirmed the order where defendant did no more than state the conclusion that he would have provided the government with truthful information had his counsel properly advised him, and presented no facts detailing his involvement in the methamphetamine conspiracy.


As the court wrote:  "Jose Deltoro-Aguilera appeals the denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Deltoro claims his trial counsel was ineffective for failing to advise him that he was eligible for safety valve relief under § 5C1.2 of the United States Sentencing Guidelines. The district court denied his motion, finding that Deltoro's allegation of ineffective assistance was unsupported by the record and concluding that the claim failed as a matter of law. We affirm."

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