United States District Court, W.D. Virginia, Danville Division
JACKSON L. KISER, SENIOR UNITED STATES DISTRICT JUDGE.
matter is before the Court on Petitioner James Willie Waller,
Jr.'s (“Petitioner”) Motion Under 28 U.S.C.
§ 2255 to Vacate, Set Aside, or Correct Sentence by a
Person in Federal Custody (hereinafter “§ 2255
Motion”) [ECF No. 86], as well as the government's
Motion to Dismiss Petitioner's § 2255 motion [ECF
No. 90]. After briefing by the parties, I reviewed the
record, the evidence, and the argument of the parties. For
the reasons stated herein, I will grant the government's
motion and dismiss Petitioner's § 2255 motion to
vacate his sentence.
STATEMENT OF FACTS AND PROCEDURAL
was indicted in a 24-count indictment on November 14, 2016.
[ECF No. 3.] On September 6, 2017, Petitioner exercised his
constitutional right to a trial by jury. Midway through the
government's first witness, however, Petitioner decided
to enter a plea agreement with the government, pursuant to
Federal Rule of Criminal Procedure 11(c)(1)(C), and plead
guilty to Counts 7, 10, 12, and 22 of the Indictment.
(See Plea Agreement § A.1 [ECF No. 48].) That
agreement stated, specifically:
I [Petitioner] waive any right I may have to collaterally
attack, in any future proceeding, any order issued in this
matter, unless such attack is based on ineffective assistance
of counsel, and agree I will not file any document which
seeks to disturb any such order, unless such filing is based
on ineffective assistance of counsel. I agree and
understand that if I file any court document (except for an
appeal based on an issue not otherwise waived in
this agreement; an appeal based on an issue
that cannot be waived, by law; or a collateral attack based
on ineffective assistance of counsel) seeking to disturb, in
any way, any order imposed in my case, such action shall
constitute a failure to comply with a provision of this
(Id § D.1.2 (emphasis in original.)
a recess in which Petitioner, his counsel, and the government
counsel conferred and finalized Petitioner's plea
agreement, I placed Petitioner under oath and inquired of his
desire to change his plea, as well as his understanding of
his agreement with the government. (See Transcript
71:24-87:12, Sept. 6, 2017 [ECF No. 75].) Specifically, we
had the following exchange:
THE COURT: Then the next paragraph, waiver or right to
collaterally attack. Do you understand what a collateral
(Counsel conferred with the defendant.)
THE DEFENDANT: Yes, sir.
THE COURT: And you've given up that right, which means,
Mr. Waller, that this court is the end of the line for you.
You have nowhere to turn if you're dissatisfied with
what's happened here.
Do you understand that? Yes?
THE DEFENDANT: Yes, sir.
(Tr. 85:23-86:8 [ECF No. 75].) Petitioner also signed the
Guilty Plea form, indicating that his plea was “made
knowingly and voluntarily and without threat of any kind or
without promises other than ...