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Huzinec v. U.S.

Rights Voluntarily Waived in Plea Agreement Cannot Be Used to Attack 168-Month Sentence

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DECISION & ORDER The petitioner, Daniel Huzinec, has moved pro se to vacate his sentence under 28 U.S.C. §2255. No. 20-CV-9701; No. 15-CR-28, Docket Item 123. For the following reasons, Huzinec’s motion is denied. FACTUAL BACKGROUND On January 17, 2017, Huzinec pleaded guilty to Count 2 of the superseding indictment in 15-CR-28, which charged a violation of 18 U.S.C. §2252A(a)(2)(A) (receipt of child pornography). See Docket Item 120 (plea transcript). Before pleading guilty, Huzinec and his counsel signed a written plea agreement. Docket Item 68. In that agreement, Huzinec and the government agreed that Huzinec’s “sentencing range” under the United States Sentencing Guidelines (“Guidelines” or “U.S.S.G.”) would “be determined as if the defendant was [sic] convicted of two counts of violating” 18 U.S.C. §2251(a) (production of child pornography). Id. at 9. In other words, even though Huzinec pleaded guilty to only one count of receipt of child pornography, his Guidelines range was calculated based on two counts of production. Huzinec and the government also agreed to a number of adjustments to his offense level under the Guidelines. See, e.g., id. at

11, 13. For example, they agreed that Huzinec’s offense level would be increased by two levels under section 3A1.1(b)(1) of the Guidelines because Huzinec “knew that the victim of the offense was a vulnerable victim….”2 See id. at 13. But they agreed to disagree about whether the victim was in Huzinec’s care and custody at the time of the offense and therefore whether there should be an additional two-level enhancement under Guidelines section 2G2.1(b)(5).3 See id. at

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