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Moore v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 25, 2006

CORNELIUS M. MOORE, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Murphy, Chief District Judge

MEMORANDUM AND ORDER

Before the Court is Petitioner's third motion for reconsideration (Doc. 8), filed pursuant to Rule 59(e) of the Federal Rules of Civil Procedure.

Once again, Petitioner argues that the Court should not have dismissed this action as barred by the waiver provisions of his plea agreement, as he did not waive the right to file a challenge to counsel's effectiveness. Essentially, he claims that due to counsel's actions and inactions, his sentence was improperly calculated. This argument is simply a back-door method of challenging his sentence, but the waiver provision contained in the plea agreement clearly states that he "waives his right to challenge his sentence or the manner in which it was determined in any collateral attack, including but not limited to a motion brought under Title 28, United States Code, Section 2255." Plea Agreement at ¶ II-11 (Doc. 25, criminal case).

In summary, the Court finds that its prior rulings were correct. Accordingly, this third motion to reconsider is DENIED.

IT IS SO ORDERED.

G. PATRICK MURPHY Chief United States District Judge

20060425

© 1992-2006 VersusLaw Inc.



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