The opinion of the court was delivered by: Robert P. Patterson, Jr., U.S.D.J.
On December 14, 2010, Petitioner Lynval Reece ("Petitioner"), pro se, filed a petition pursuant to 28 U.S.C. § 2255 to vacate his conviction for conspiracy to distribute at least 20 but less than 40 kilograms of marijuana. Petitioner seeks to vacate his conviction due to ineffective assistance of counsel. The government responded to the pro se petition by a Memorandum of Law in Opposition dated January 19, 2011. Mr. Reece's petition is denied without a hearing for the reasons stated below.
On December 14, 2010, Lynval Reece filed a petition pursuant to 28 U.S.C. § 2255 seeking to vacate his January 8, 2009 conviction for conspiracy to distribute and possess with intent to distribute at least 20 kilograms but less than 40 kilograms of marijuana because his counsel failed to advise him that he could be deported if he pled guilty. January 8, 2009 was not the first time petitioner entered a plea of guilty in this case. On November 24, 2008, Petitioner entered a plea of guilty to conspiracy to distribute and possess with intent to distribute at least 50 kilograms of marijuana pursuant to a plea agreement with the Government dated November 19, 2008. During that plea allocution, the Court raised the subject of the Petitioner's immigration status and the likely immigration consequences of his guilty plea in Petitioner's presence:
THE COURT: .will the defendant's conviction on any count here affect his immigration status with the United States?
MR. WIBLE: It likely will, Your Honor. The understanding is that he is a citizen of Jamaica.
THE COURT: Do you understand that it's likely, if you plead guilty to this charge, you may be deported from the United States, Mr. Reece.
THE DEFENDANT: Yes, your Honor.
(Plea Allocution on November 24, 2008, Tr. at 4.)
Thereafter, on December 30, 2008, the Court received an undated letter from Petitioner, in which he stated that his lawyer, Avram Robin, Esq., "had never defended me from day one," and that "the prosecution and my lawyer have been threatening me about deportation." (Petitioner's Letter to Court received December 30, 2008, copy attached.) The Court ordered an immediate conference, which was held on January 6, 2009. During the conference, Petitioner admitted that he had purchased pounds of marijuana four times from co-defendant Meade. (Conference on January 6, 2009, Tr. at 7.) With respect to his claims of threats of deportation by the prosecutor and Petitioner's counsel, the Court asked Petitioner:
THE COURT: How about your statements in here about the threats that were made to you by the prosecutor, about the prosecutor threatening you with deportation?
THE DEFENDANT: Well, I would say what my lawyer come to me with, sir, coming from the prosecutor, but my lawyer speak to me directly, sir.
THE COURT: Did you understand that any drug offense can affect your ...