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U.S. v. PENCE

August 5, 2004.

U.S.A.
v.
EDWARD PENCE.



The opinion of the court was delivered by: PHILIP REINHARD, District Judge

ORDER

Petitioner, Edward Pence, a convicted federal prisoner, has filed a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 seeking a minor role reduction under U.S.S.G. § 3B1.2 in his sentence, notwithstanding the fact that he received the benefit of both a downward departure from the statutory mandatory minimum sentence and the sentencing guideline range in his plea agreement. More importantly as it pertains to the present motion, Pence waived his right to appeal or contest under § 2255 his conviction and the resulting sentence. Such a knowing and voluntary waiver, as is the case here, is enforceable unless Pence can establish a claim of ineffective assistance of counsel in connection with negotiating the agreement. See Mason v. United States, 211 F.3d 1065 (7th Cir. 2000). No such allegation is made in the motion. The motion is summarily denied.

20040805

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