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Sung Jin Jeon v. United States of America

January 30, 2012

SUNG JIN JEON, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Michael P. McCUSKEY Chief U.S. District Judge

E-FILED

Clerk, U.S. District Court, ILCD Monday, 30 January, 2012 04:10:03 PM

OPINION

On January 4, 2011, Petitioner, Sung Jin Jeon, filed a Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 (#1). On February 4, 2011, the Government filed a Motion to Dismiss (#3). Because Petitioner has clearly waived his right to file a collateral attack under § 2255, the Government's Motion to Dismiss (#3) is GRANTED.

FACTS

PROCEEDINGS IN CRIMINAL CASE

On December 1, 2008, in Case No. 08-CR-20060, Petitioner was charged in an information with one count of conspiracy to distribute 5 or more kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and one count of money laundering, in violation of 18 U.S.C. 1956(a)(1)(B)(i). The information also included a forfeiture allegation. On the same date, Petitioner signed a written waiver of indictment and pleaded guilty to the charges in the information and agreed to a money judgment of $500,000. The plea agreement contained a "Waiver of Right to Collateral Attack," which specifically provided that Petitioner:

knowingly and voluntarily waives his right to challenge any and all issues relating to his plea agreement, conviction and sentence, including any fine or restitution or forfeiture, in any collateral attack, including, but not limited to, a motion brought under Title 28, United States Code, Section 2255. The defendant acknowledges and agrees that the effect of this waiver is to completely waive any and all rights and ability to appeal or collaterally attack any issues relating to his conviction and to his sentence so long as the sentence is within the maximum provided in the statutes of conviction.

The written plea agreement also contained the following statements:

32. Defendant

I have read this entire Plea Agreement carefully and have discussed it fully with my attorney. I fully understand this agreement and accept and agree to it without reservation, including the paragraphs labeled "Waiver of Right to Appeal" and "Waiver of Right to Collateral Attack."

I am entering into this agreement voluntarily and of my own free will in order to gain the benefit of the promises made by the United States. I am pleading guilty because I am in fact guilty, and I agree that the facts stated in this agreement about my criminal conduct are true. No threats, promises, or commitments have been made to me or to anyone else, and no agreements have been reached, express or implied, to influence me to plead guilty other than those stated in the written plea agreement nor am I under the influence of anything that could impede my ability to understand fully this Plea Agreement.

I am satisfied with the legal services provided by my attorney in connection with this case, this Plea Agreement and matters related to it. I further understand that by signing below I am stating I agree with everything stated in this section of the Plea Agreement and I am accepting and entering into this Plea Agreement in its entirety.

I hereby affirm that absolutely no promises, agreements, understandings, or conditions have been made or entered into in connection with my decision to plead guilty ...


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