RODNEY S. WEBB, United States District Court, Chief Judge.
Before the Court is a motion by the petitioner, Linda M. Ault, pro se, pursuant to 28 U.S.C. § 2255 under which a prisoner may move the sentencing court for a correction in sentence, (docket #1 in case no. A2-00-43; see also docket #45 in case no. C2-99-56). As the motion and files and records of this case conclusively show that the petitioner is entitled to no relief, the Court does not require a response from the United States Attorney. See 28 U.S.C. § 2255; Fed.R. Governing § 2255 Proceedings 4(b).
The Court notes that the petitioner here is a party to a plea agreement in which she specifically and unequivocally waived all rights to contest the sentence in any post-conviction proceeding, including one pursuant to Section 2255 of Title 28, United States Code. See Plea Agreement, docket #23 in case no. C2-99-56 ¶ 21. The petitioner also waived her right to appeal provided under Section 3742(a) of Title 18, United States Code, including any issues that relate to the establishment of the Guideline range reserving only the right to appeal from an upward departure from the guideline range that is established at sentencing. Id. ¶ 21. Further, the plea agreement clearly states that the petitioner understands that any appeal or other post-conviction relief inappropriately sought should be summarily dismissed by the court in which it is filed. Id. ¶ 21.
Because the petitioner has waived her rights to contest the sentence in any post-conviction proceeding, including one pursuant to 28 U.S.C. § 2255, the petitioner's motion, (docket #1 in case no. A2-00-43; see also docket #45 in case no. C2-99-56), is hereby DENIED.
IT IS SO ORDERED.
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