The opinion of the court was delivered by: Hurley, Senior District Judge
Petitioner George Stephens ("Petitioner" or "Stephens") moves pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence arising from 2005 conviction in this Court. Stephens claims he is entitled to relief because (1) his counsel rendered ineffective assistance of counsel for failure to pursue suppression, inform him of sex offender registration, pursue his speedy trial rights, promising him probation and failure to file an appeal of the denial of a suppression motion; (2) his guilty plea was not knowingly made because he was uninformed of his speedy trial rights and the fact he would have to register as a sex offender; (3) his conviction was obtained by evidence gained pursuant to an unconstitutional search and seizure; and misconduct by the F.B.I. and there was insufficient evidence to sustain his conviction. For the reasons set forth below, the motion is DENIED.
Petitioner seeks to challenge a judgment, which followed a plea of guilty, convicting Petitioner of one count of violating 18 U.S.C. § 2252A(a)(5)(B).
Stephens originally pled guilty on February 24, 2003. On July 25, 2003, this Court granted Stephens application to withdraw his plea. By Memoranda and Orders dated May 7, 2003 and June 16, 2004, the Court denied motions to suppress filed by Stephens. On October 22, 2004, the Court declined to accept a plea from the Petitioner. The Court did accept a guilty plea from Petitioner on January 24, 2005.
During the plea allocution, Stephens testified under oath that he understood the charge to which he was pleading, his plea was voluntary, and he was satisfied with the representation that his attorney had provided. The Court also discussed with Stephens the effect of his plea on his right to appeal:
If you do plead guilty today, any right to appeal you have up to today would be extinguished or waived or given up by your plea of guilty. If the plea is taken improperly, you would have the right to appeal that. If sentence was imposed improperly, you could appeal that. But the point is, if you have a right to appeal up to today, if you plead guilty you will have waived that right to appeal as to such matters. Understood? (Tr. of Jan. 24, 2005 Plea Allocution ("Tr.") at 12). Stephens responded "Yes, your Honor."
Stephens was also advised that the maximum sentence was five years in jail. (Tr. at 19).
The Court then referenced the sentencing guidelines and the following colloquy took place:
Court: But do you understand that when your attorney gives you an opinion as to what he believes the guidelines range may be, that may or may not be accurate? Do you understand that ?
Defendant: Yes, your Honor.
Court: That is certainly true with the government's comments, as well. Should you elect to plead guilty here today and should you at some point have a change of heart, that would not be a ground to withdraw you guilty plea. Just by way of example, should the court impose a sentence which is more severe than you anticipate, you would not be in a position to say: Well under those circumstances, I want my plea back. Do you understand that?
Defendant: Yes, your Honor. . . .
Court: Has anybody promised you anything concerning how this case will eventually be resolved, by way of sentence or otherwise, which has ...