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United States v. Bourbeau

United States District Court, District of Alaska

February 3, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
JULIE BOURBEAU, Defendant.

ORDER DISMISSING MOTION UNDER SECTION 2255

TIMOTHY M. BURGESS, U.S. DISTRICT JUDGE.

Julie Bourbeau, a self-represented federal prisoner, has filed a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence.[1] Bourbeau asserts one ground for relief, as follows:

Halfway houses are meant for reintegration of criminals who have been released from prison. I do not need to be reintegrated into society. I do not have any substance abuse issues or problems.

In a letter dated January 3, 2015, Bourbeau explains:

I am requesting early release from the halfway house. As of today I have currently served 125 days of 180 day sentence at the Cordova House. We are asked to pay 25% of the gross of each paycheck to pay our way at this facility. Per diem rate is $129 per day which is an inordinate amount. Paying Cordova Center puts me in a position of possibly losing my home for a second time. I do not believe the mission of a re-entry program is to create homeless people.[2]

In her Revised Plea Agreement, however, Bourbeau agreed to “waive all rights to appeal the conviction and sentence . . . and to waive all rights to collaterally attack the conviction and sentence, except on the grounds of ineffective assistance of counsel or the voluntariness of the plea.”[3] Bourbeau has not claimed ineffective of counsel or that her plea was not voluntary.

In addition, Bourbeau has not claimed that her “sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, ” as required by § 2255.[4]

IT IS THEREFORE ORDERED:

1. The Motion at Docket 166 is DISMISSED.

2. Any outstanding motions are DENIED.

3. The Clerk of Court is directed to enter a Judgment in this case.

4. A Certificate of Appealability will be DENIED.[5]


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