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Guzman v. Houk

June 6, 2006

ROBERTO S. GUZMAN, PETITIONER,
v.
MARC HOUK, RESPONDENT.



The opinion of the court was delivered by: Judge Marbley

MAGISTRATE JUDGE ABEL

OPINION AND ORDER

On April 20, 2006, final judgment was entered dismissing the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254. This matter is before the Court on petitioner's May 19, 2006, notice of appeal and request for a certificate of appealability. For the reasons that follow, petitioner's request for a certificate of appealability is DENIED.

In this federal habeas corpus petition, petitioner asserts:*fn1

1. Mr. Guzman's Fifth and Sixth Amendment rights were violated when he was sentenced based on speculation rather than on properly established facts.

A. Mr. Guzman's sentence cannot be supported by the record evidence.

B. Mr. Guzman's sentence based on unreliable facts violated his Fifth and Sixth Amendment rights as interpreted in Apprendi v. New Jersey, 530 U.S. 466 (2000).

C. Mr. Guzman's right to confront witnesses was violated.

2. Mr. Guzman's guilty plea was neither voluntary nor intelligent.

A. The guilty plea was neither voluntary nor intelligent because the plea colloquy failed to establish facts sufficient to convict Mr. Guzman.

B. The guilty plea was neither voluntary nor intelligent because the plea colloquy was not adequately translated for Mr. Guzman.

3. The state court's denial of Mr. Guzman's pre-sentence motion to withdraw guilty plea violated Mr. Guzman's right to jury trial and due process rights.

4. Sentencing Mr. Guzman to consecutive terms of on convictions of cocaine trafficking and attempted possession of cocaine based on a single transaction of the same ...


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