Sergio Diaz Hernandez v. United States

Summary

The United States District Court for the Southern District of California denied Sergio Diaz Hernandez’s motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence for illegal reentry. The court rejected his ineffective-assistance claims concerning prior removal orders and alleged coercion to withdraw his appeal, relying in part on the valid appellate and collateral-attack waiver in his plea agreement. The court also denied a certificate of appealability and terminated his motion for status.

Holdings

1. Petitioner failed to establish ineffective assistance because the record, including his plea-agreement admission and the government's evidence, showed that he had previously been removed from the United States.
2. Petitioner could not establish prejudice from counsel's alleged coercion in withdrawing the appeal because he had validly waived his appellate and collateral-attack rights in the plea agreement.
3. A certificate of appealability was denied because reasonable jurists would not find the court's assessment of the claims debatable or wrong.

Questions Presented

1. Whether trial counsel was ineffective for failing to move to dismiss on the ground that Petitioner had not previously been ordered removed from the United States.
2. Whether counsel's alleged coercion of Petitioner into withdrawing his appeal constituted ineffective assistance causing prejudice.
3. Whether Petitioner was entitled to a certificate of appealability.

Disposition

dismissed