Lopez v. Sanders

DECISION AND ORDER

MARRERO, District Judge.

Pro se petitioner George Lopez (“Lopez”), imprisoned after pleading guilty to attempted arson, petitions this Court for a writ of habeas corpus on the ground that his sentence was imposed in violation of the Constitution’s Due Process Clause. Specifically, he argues that the trial court’s determination that he breached his plea agreement with the government (resulting in a higher sentence than otherwise) violated his right to due process because the trial court made that determination without holding an evidentiary hearing. The Court concludes that…