The opinion of the court was delivered by: Leisure, District Judge.
Petitioner Freddie Parrado, acting pro se, moves for a
reduction of his sentence pursuant to 28 U.S.C. § 2255. In the
alternative Parrado claims that his guilty plea was neither
knowingly nor voluntarily entered. For the following reasons,
Parrado's petition is denied.
A. Factual and Procedural History
On July 17, 1996, the Grand Jury filed an indictment, charging
Parrado with distributing and possessing with intent to
distribute five kilograms and more of mixtures and substances
containing a detectable amount of cocaine in violation of
21 U.S.C. § 846. Thereafter, Parrado waived formal indictment, and
on July 2, 1997, the government issued a superceding information
S2 96 Cr. 505(PKL) (the "Information") charging him with the
same violation of 21 U.S.C. § 846.
On June 30, 1997, Parrado entered into a plea agreement with
the government. See Plea Agreement of Freddie Parrado, June
30, 1997 (the "Plea Agreement"). The plea agreement stipulated
that he distributed and possessed with intent to distribute at
least 15 but less than 50 kilograms of cocaine. See Plea
Agreement at 2. Further, the plea agreement established that his
base offense level was 34 under the Federal Sentencing
Guidelines (the "Sentencing Guidelines"). See id. Due to
Parrado's cooperation, however, the parties stipulated to
reducing the base offense level to 31. See id. at 2-3. His
criminal history included seven points and a rating of IV under
the Sentencing Guidelines. See id. at 3. The parties
stipulated that his sentencing range was 151 to 188 months. See
id. at 4.
On July 2, 1997, Parrado pleaded guilty to the violation of
21 U.S.C. § 846, before The Honorable John F. Keenan, United States
District Judge in this Court. See Parrado's Plea Allocution,
July 2, 1997 (the "Plea Allocution"), at 15. On February 4,
1998, I sentenced Parrado to 151 months in prison. See
Transcript of Parrado's Sentencing, February 4, 1998 (the
"Sentencing Transcript"), at 9. During the plea allocution Judge
Keenan fully complied with the requirements of Rule 11(c) of the
Federal Rules of Criminal Procedure then construed by the
courts. In this regard, Judge Keenan carefully discussed with
the defendant the veracity of his guilty plea, and inquired as
to whether Parrado understood the charges against him. See
Plea Allocution at 4 and 7. Judge Keenan also explained the
possible sentencing range Parrado faced, detailed the terms of a
mandatory supervised release and explained that the sentencing
depart from the Sentencing Guidelines. See id. at 10. Next,
Judge Keenan inquired, "Are you offering a plea of guilty of
your own free will?" Parrado answered, "Yes." See id. at 14.
Judge Keenan specifically inquired whether Parrado understood
the terms of the plea agreement, to which Parrado responded
affirmatively. See id. at 13.
Parrado claims that his sentence is invalid under the new rule
of Apprendi v. New Jersey because the judge rather than the
jury determined the quantity of narcotics involved. See
530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Parrado also
attempts to rely on Jones v. United States, 530 U.S. 1271, 120
S.Ct. 2739, 147 L.Ed.2d 1002 (2000). See Parrado's Reply to
The Government's Memorandum In Opposition to Parrado's § 2255
Motion ("Parrado's Reply"). Further, Parrado asserts that he
pleaded guilty and was "convicted of 5 kilos; not the 15 to 50
that he was sentenced for." Parrado's Reply at 7. In the
alternative, petitioner alleges that his guilty plea was not
voluntary or knowing. See id. at 4.
I. Timeliness of the Petition
Section 2255 sets forth the following time restrictions:
A 1-year period of limitation shall apply to a motion
under this section. The limitation period shall ...