Fairley v. United States

OPINION AND ORDER DENYING MOTION TO VACATE SENTENCE

GADOLA, District Judge.

Before the Court is Petitioner’s motion to vacate his sentence pursuant to 28 U.S.C. § 2255. Where, as here, the records and files of a case determinatively establish that a petitioner is not entitled to relief, the law does not require, and this Court will not order, an evidentiary hearing for a § 2255 motion. For the reasons set forth below, the Court will deny Petitioner’s motion.

I.BACKGROUND

On June 22, 2000, pursuant to a Rule 11 plea agreement, Petitioner pled guilty to one count of conspiring to distribute…