Garcia-Giraldo v. United States

OPINION AND ORDER

JOHN G. KOELTL, District Judge:

The petitioner, Jose Jairo Garcia-Giraldo, challenges his conviction and sentence pursuant to 28 U.S.C. § 2255. He pleaded guilty before then Chief Judge Mukasey to one count of conspiracy to import heroin into the United States in violation of 21 U.S.C. § 963. The petitioner pleaded guilty without a plea agreement. The petitioner thereafter entered into a sentencing agreement in which he stipulated to a Sentencing Guideline Range of 168-210 months’ imprisonment. The sentencing agreement contained a provision waiving the right to appeal or…