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DECISION AND ORDER I. BACKGROUND On or about October 18, 2017, petitioner Christian Delgado (“Petitioner”) pleaded guilty pursuant to a plea agreement (Dkt. 35)1 to a two-count Information (Dkt. 34) charging violations of 21 U.S.C. §841(a)(1) (possession of cocaine with intent to distribute) and 18 U.S.C. §922(g)(1) (possession of firearm and ammunition by a convicted felon). On January 22, 2018, the Court sentenced Petitioner to a term of 151 months incarceration on each of Counts 1 and 2 to run concurrently, and a three-year term of supervised release. (Dkt. 44). On January 29, 2018, Petitioner was re-sentenced to a term of 151 months incarceration on Count 1, and 120 months on Count 2 to run concurrently to Count 1, for a total term of 151 months imprisonment, as well as a a three year term of supervised release. (Dkt. 46). That sentence was consistent with the Rule 11(c)(1)(C) plea agreement and fell within the range of the appellate/collateral attack waiver contained in the plea agreement (i.e., 151 to 188 months incarceration). (See Dkt. 35 at

 
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