United States Fifth Circuit

A district court, ruling on a 2255 motion, has no obligation to verify that the government wishes to enforce a bargained for waiver and is entitled to conclude that the government wishes what it bargained for unless it says otherwise. Dismissal of a petition brought under 28 U.S.C. section 2255 challenging a sentence for possession with the intent to distribute cocaine is affirmed where the district court's sua sponte enforcement of the waiver provision in petitioner's plea agreement was proper.

Appellate Information

• Decided 06/18/2007
• Published 06/19/2007

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, DAVIS, and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mary Jane Harmon, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Fidel Arturo Del Toro-Alejandre, Big Spring, TX, pro se.