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Summers v. United States

United States District Court, W.D. New York

September 29, 2014

JAMES PAUL SUMMERS, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief District Judge.

I. INTRODUCTION

Presently before this Court is the Motion of pro se Petitioner James Paul Summers to Vacate, Set Aside, or Correct his Sentence pursuant to 28 U.S.C. § 2255. For the reasons discussed below, Petitioner's § 2255 motion is denied.

II. BACKGROUND

On June 1, 2011, Petitioner appeared before this Court and pled guilty to four counts of a superseding indictment charging him with multiple violations of 18 U.S.C. § 2251(a) (production of child pornography) and § 2252A(a)(5)(B) (possession of child pornography). The plea agreement signed by Petitioner reflects his understanding that there was a mandatory minimum fifteen-year imprisonment term on each of the production convictions. (Docket No. 28 at 1-2.) Petitioner's limited right to appeal in accordance with 18 U.S.C. 3742 was expressly preserved by the plea agreement; however, Petitioner:

knowingly waive[d] the right to appeal and collaterally attack any component of a sentence imposed by the Court if the defendant is sentenced to a term of imprisonment of 540 months or less, a fine and supervised release set forth in [the plea agreement], notwithstanding the manner in which the Court determines the sentence.

(Docket No. 28 at 15.) Further, Petitioner:

under[stood] that by agreeing to not collaterally attack the sentence, the [Petitioner] is waiving the right to challenge the sentence in the event that in the future [he] becomes aware of previously unknown facts or a change in the law which [he] believes would justify a decrease in the [Petitioner's] sentence.

(Id.)

Petitioner was sentenced on March 14, 2012 to a fifteen-year term of incarceration on each of the three production convictions, with the sentences to be served consecutively, for a total of 45 years (540 months) imprisonment. A sentence of ten years imprisonment was imposed with respect to the single possession count, with this sentence to be served concurrently with his sentences on the other counts. A lifetime term of supervised release, the maximum anticipated by the plea agreement, was imposed, but no fine. Despite being informed of his right to do so on several occasions (Docket Nos. 56 at 4, 13; 57 at 2-3), Petitioner failed to directly appeal his conviction.

Petitioner filed the present § 2255 motion on March 14, 2014. (Docket No. 51.) Although this Court did not previously issue a ruling, because Petitioner timely filed his motion for an extension of time in which to file, (Docket No. 66), his reply brief in support of his petition will be accepted and considered. (Docket No. 68.)

III. DISCUSSION

A. Petitioner's § 2255 Motion

28 U.S.C. § 2255 allows federal prisoners to challenge the constitutionality of their sentences. This section ...


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