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RAPHAELA v. UNITED STATES

Diomedes Raphaela has petitioned pursuant to 28 U.S.C. §225S to set aside the judgment against him and the sentence imposed upon him after he pleaded guilty to one count of conspiring to possess and distribute five grams or more of cocaine base, commonly known as crack, in violation of 21 U.S.C. §.....

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Diomedes Raphaela has petitioned pursuant to 28 U.S.C. §225S to set aside the judgment against him and the sentence imposed upon him after he pleaded guilty to one count of conspiring to possess and distribute five grams or more of cocaine base, commonly known as crack, in violation of 21 U.S.C. §846. Raphaela contends that he was the victim of what is known as sentencing entrapment in that he was willing to provide powdered cocaine but was pressured to provide crack, which carries a longer sentence. He argues as well that there was insufficient evidence to establish that he sold crack rather than in powdered cocaine. Finally, he contends that his lawyer failed to render effective assistance in connection with his plea by failing to raise the entrapment issue. As explained briefly below, this petition is untimely, barred by the terms of Raphaela’s plea agreement, barred in large part by Raphaela’s failure to appeal, and devoid of merit. Accordingly, the requested relief is denied and the petition is dismissed.

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