Full opinion text
ORDER DOUMAR, District Judge. Petitioner, Kemba Niambi Smith (hereinafter “Smith”), has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. In her petition, Smith alleges the following: (1) her guilty plea was not knowing and voluntary; (2) the government breached the terms of her plea agreement; (3) her sentence was unlawful and excessive; (4) her sentence is illegal because it is based upon an unconstitutional distinction between crack cocaine and cocaine hydrochloride; (5) she received ineffective assistance of counsel; and (6) her defense lawyers were laboring under a conflict of interest. Smith requests that the Court conduct an evidentiary hearing and she has submitted numerous interrogatory and other discovery requests. See Rule 6 & Rule 8, Rules Governing Section 2255 Proceedings. For the reasons set forth, Smith’s motion is DENIED. I. Background Cocaine Ring Smith was a college student at Hampton University in Hampton, Virginia when she got involved in a drug ring that distributed cocaine and crack cocaine from New York City to the District of Columbia, Virginia, North Carolina, and elsewhere. Presen-tence Report (“PSR”) ¶ 14; Detention Hearing Transcript (“Detention Tr.”) 36. Smith was raised in a middle class family in Richmond, Virginia. PSR ¶¶ 114-115. Smith’s father is an accountant and her mother is a school teacher. Id. Smith enrolled as a freshman student at Hampton University in the fall of 1989. The following spring, in May of 1990, she met Peter Michael Hall (hereinafter “Hall”) at a party. PSR ¶ 94. Hall was the principal leader of the cocaine network along with his brother, Wainsworth Marcellus Hall. Detention Tr. 36. Hall had moved from the New York area to Hampton, Virginia in late 1988 or early 1989. PSR ¶ 18. Once there, Hall devised a scheme for transporting money and drugs along the eastern corridor. PSR ¶ 22. Hall recruited Hampton University students, most of whom were female, to serve as drug couriers. PSR ¶ 22. Typically, cars would be driven to New York City and would be met by Wains-worth Hall and other ring members. Id. The cars would be taken to another location, loaded with drugs in secret compartments, and then driven back south. Id. Once received, the drugs would be sold on the streets. PSR ¶ 14. Originally, cocaine was brought down from New York and sold in its powder form. By the spring of 1990, however, Hall began to cook the powder into cocaine base or “crack” cocaine and the distilled product would be sold. PSR ¶ 14; Guilty Plea Hearing Transcript (“Plea Tr.”) 29. Money would be collected and sent to New York by way of drug courier. Detention Tr. 37. In New York, there would be an exchange of money for drugs, and the process would be repeated. Detention Tr. 37. The cocaine network was profitable and generated at least $4,000,000 in receipts based on distribution of over 200 kilograms of cocaine. PSR ¶ 17. The remunerative rewards came at a high price to human life. Two murders were committed by members of the ring, and two co-conspirators were murdered. PSR ¶¶ 54, 64; Detention Tr. 37. Smith was not a leader in the drug conspiracy, but her involvement was substantial. Detention Tr. 42; PSR ¶ 94. In fact, Smith obtained apartments for Peter Hall under false names, she flew to New York to drop off money, and she drove vehicles concealed with drugs from New York to North Carolina. Sentencing Hearing Transcript (“Sentencing Tr.”) 105-108; PSR ¶ 49; Detention Tr. 39-44. Also, Smith purchased a 1992 Jeep Wrangler in her name for the benefit of Peter Hall and his brother Wainsworth Hall. PSR ¶¶ 79, 84. From time to time, Smith delivered money to Hampton University students who had been recruited as drug couriers for transport to New York City. Plea Tr. 31. When Peter Hall was incarcerated under alias names in Newport News, Virginia for money-laundering charges, in Virginia Beach for selling cocaine, and in New York City for selling cocaine, Smith posted bond through other co-conspirators or through Peter Hall’s lawyers. Plea Tr. 31; Sentencing Tr. 118-20. Smith utilized alias names in aiding and abetting the conspiracy. She utilized the name Candace McGhee, Jeanette Morris, and Kemba Maynard to post bond for Peter Hall, to obtain phony driver’s licenses, to lease automobiles, and to rent a storage locker to hide incriminating evidence. Plea Tr. 31-32; PSR ¶¶ 58, 65; Sentencing Tr. 107-108. In addition, Smith manufactured a fraudulent birth certificate on behalf of a drug member so the member could drive with a false license between New York City and Virginia. PSR ¶ 48; Sentencing Tr. 104-106. By early 1992, law enforcement authorities were zeroing in on Hall and his situation had grown desperate. Indeed, in January or February 1992, bounty hunters arrived at the home of Smith’s parents in Richmond, Virginia and inquired about Hall’s whereabouts. Sentencing Tr. 80. Smith was home at the time and spoke with the bounty hunters. Id. After the bounty hunters left, Smith called Hall and told him that bounty hunters were looking for him. Sentencing Tr. 80-81. In the fall of 1992, Hall moved his end of the drug operation to Charlotte, North Carolina. Sentencing Tr. 82-88. Rather than matriculating at Hampton University for another semester, Smith moved to Charlotte and enrolled in Johnson C. Smith College in Charlotte that fall. Sentencing Tr. 83. In early 1993, Smith withdrew from Johnson C. Smith College and enrolled in Central Piedmont College in Charlotte, North Carolina. Sentencing Tr. 94. Around this time, Smith became pregnant with Hall’s baby. Sentencing Tr. 84. Smith suffered a miscarriage and did not carry the baby to term. Id. In May 1993, Hall returned to Charlotte, North Carolina from New York and learned that law enforcement authorities had searched an apartment he shared with Smith. PSR ¶ 63. Hall was edgy and nervous that a member of the network was cooperating with authorities. Id.; Sentencing Tr. 85. On May 24, 1993, Hall instructed Smith to contact her attorney in Richmond, Virginia to ascertain what law enforcement authorities knew about the cocaine ring. PSR- ¶ 63; Sentencing Tr. 85. Hall became increasingly convinced that a co-member of the ring, Derrick Taylor, was an informant for the federal authorities. Sentencing Tr. 92. On May 25,1993, Hall and Taylor drove a van to Charlotte, North Carolina with another female, who was driving in a separate car. Sentencing Tr. 41. After stopping for lunch in Greensboro, the three individuals switched cars. Sentencing Tr. 4H2. The female and Hall drove in the van and Taylor followed in the other vehicle. Sentencing Tr. 41-42. While in the van, Hall told the female that he was going to kill Taylor. Sentencing Tr. 42. Eventually, the cars pulled off the road and Hall, who was armed with a gun, got out of the van and into the car driven by Taylor. Id. The female drove ahead to a store and waited for Hall, who arrived by himself fifteen to twenty minutes later. Sentencing Tr. 42-43. On the drive back to Charlotte, Hall instructed the female to toss his gun out of the van window. Sentencing Tr. 43. Taylor was later found dead. Id. Hall phoned Smith on the way back to Charlotte. Sentencing Tr. 43. Either on the phone or shortly thereafter, Hall admitted to Smith that he had shot Taylor. Smith met up with Hall and the female at a hotel in Charlotte. Sentencing Tr. 43. Smith delivered a “getaway” car, a white Acura that Hall used to drive to Atlanta. Id.; PSR ¶ 64. Two days later, on May 28, 1993, Hall called Smith and told her to clear the house in Charlotte of incriminating material and other items belonging to Hall. PSR ¶ 65; Sentencing Tr. 111-112. Smith leased a storage locker in the name of Kemba Maynard and stored weapons, scales, drug trafficking paraphernalia, and implements used- to create false identification documents. Id. Once Smith completed her spring finals, she traveled to Atlanta and delivered the storage locker key to Hall. Sentencing Tr. 112. On June 9,1993, Smith told Hall that federal authorities were interested in interviewing her. PSR ¶ 66; Sentencing Tr. 85-86. Hall instructed Smith to meet with the agents and find out what they knew about the drug ring. Id. Hall further instructed Smith to tell federal agents that she did not know his brother Wainsworth and that she was being supported financially by other men. Id. Smith met with agents from the Drug Enforcement Administration and Internal Revenue Service in Richmond, Virginia on June 28, 1993. PSR 1168; Sentencing Tr. 92, 137-140. Federal agents proffered a letter of immunity in exchange for truthful information Smith could provide about the cocaine network. Id. Smith was specifically asked about the murder of Derrick Taylor and her involvement and knowledge of the conspiracy. Id. Smith failed to provide information about the activities of the organization. Id. Smith also lied to federal authorities and misled them into believing that she did not know Wainsworth Hall or his role in the ring. Id. Additionally, she lied and told authorities that she knew nothing about Derrick Taylor’s murder, and she lied and told federal agents that she was a prostitute. Id. Shortly after the interview, Smith reported back to Hall about her interview. Id. In August 1993, Smith registered at Virginia Commonwealth University in Richmond, Virginia. Sentencing Tr. 94; PSR ¶ 124. Smith lived with her parents in Richmond and attended classes. Sentencing Tr. 93-94. During the fall term, Smith called Hall repeatedly and wired him around $200 on three or four occasions, and she visited Hall in Atlanta on two occasions. Sentencing Tr. 94-96. Grand Jury Indictment On December 8, 1993, the Grand Jury for the Norfolk Division of the Eastern District of Virginia returned a sealed, mul-ti-count Indictment against Smith and eleven other co-conspirators including Hall. The Grand Jury charged Smith and the other defendants with numerous violations of the federal narcotics and money laundering laws, operation of a continuing criminal enterprise, murder in furtherance of a continuing criminal enterprise, weapons charges, and substantive drug-related charges. The Court directed warrants to be issued on Smith and the other defendants named in the Indictment. On December 30, 1993, the Court ordered that the Indictment be unsealed. At the time the Indictment was returned, Smith fled her parents’ home and became a fugitive. PSR ¶ 70; Sentencing Tr. 95-97. She followed Peter Hall to Houston, Texas, and for the next nine months, the two eluded authorities. Sentencing Tr. 95-97. While on the lamb, Smith again became pregnant with Hall’s child. Sentencing Tr. 99. In their absence, a jury trial commenced on June 14,1994 against three co-conspirators in the drug ring. One of the defendants pled guilty during the first week of the trial. On June 27, 1994, the jury returned a guilty verdict against Wainsworth Hall for the following offenses: 1) conspiracy to possess with intent to distribute and to distribute, in violation of 21 U.S.C. § 846; 2) engaging in a continuing criminal enterprise, in violation of 21 U.S.C. § 848; and 3) conspiracy to launder money, in violation of 18 U.S.C. §§ 1956(a)(l)(B)(i) and 371. PSR ¶3. Co-defendant Derrick Kelly was acquitted of all counts. PSR ¶ 7. Wainsworth Hall received a life sentence and his convictions and sentence were affirmed on appeal. See United States v. Hall, 93 F.3d 126 (4th Cir.1996). In late August 1993, Smith and Hall were holed up in Seattle, Washington. Sentencing Tr. 98-99; Detention Tr. 10. Smith was almost six months pregnant and she made the decision to come back home. Id. Smith took a train from Seattle to Richmond and arrived at her parent’s home. Sentencing Tr. 98-100. Smith lied to her parents and told them that she had left Richmond because an unidentified associate of Hall’s had beaten her, extorted money from her, and threatened her with physical harm. Detention Tr. 10-11; Sentencing Tr. 124. Once in Richmond, Smith contacted federal agents and the United States Attorney’s office through her lawyer, Robert Wagner. Sentencing Tr. 101-102. Grand Jury’s Superseding Indictment On August 25, 1994, the Norfolk Division of the Grand Jury returned a sixteen-count Superseding Indictment against Smith and Hall and two other fugitives from the original Indictment. The Grand Jury charged the fugitives with narcotics and money laundering offenses, murder in furtherance of a continuing criminal enterprise, and a firearms offense. The Grand Jury charged Smith under Counts 1, 2, 14, 15 & 16 of the Superseding Indictment. Under Count 1, Smith was charged with conspiracy to possess with intent to distribute and to distribute in excess of five (5) kilograms of cocaine, and in excess of fifty (50) grams of crack cocaine, in violation of 21 U.S.C. § 846. Under Count 2 and Count 14, Smith was charged with conspiracy to launder money and money laundering, in violation of 18 U.S.C. §§ 1956(a)(l)(B)(i), 371 and 2. Under Count 15, Smith was charged with making false statements to federal agents, in violation of 18 U.S.C. § 1001. Finally, under Count 16, Smith was charged with forfeiture under 21 U.S.C. § 853. Detention Hearing Based on the Superseding Indictment, a new warrant was issued for Smith’s arrest on August 25, 1994. On September 1, 1994, Smith surrendered to federal authorities and made an initial appearance before United States Magistrate Judge Tommy E. Miller. Smith pled not guilty and requested a jury trial. On the same day, a detention hearing was held before Judge Miller, who denied bond and ordered detention. Smith’s father testified on behalf of his daughter and relayed his daughter’s fictitious story that an unnamed drug associate had beaten her up and extorted money from her. Detention Tr. 10-11, 21-22. Smith would later admit at sentencing that this tale of threats and extortion was a fabrication. Sentencing Tr. 124-125. On September 30, 1994, Smith and her attorney Robert Wagner met with federal agents and Assistant United States Attorney Fernando Groene. Sentencing Tr. 124-125. On that occasion, Smith failed to disclose Peter Hall’s location in Seattle, even though she knew he was living there under the alias Curtis Lamont Saunders. Sentencing Tr. 103-104, 125-126. On October 1, 1994, Hall was found murdered in his apartment in Seattle. Sentencing Tr. 125; Plea Tr. 42. Smith found out about Hall’s death on October 2, 1994 or October 3, 1994. Sentencing Tr. 104; Plea Tr. 42. Smith and her attorney set up another meeting with federal authorities on October 4, 1994. See Smith’s Amended Habeas Petition, at 25. Guilty Plea Hearing On October 17, 1994, a guilty plea hearing was held before this Court (the Honorable Richard B. Kellam, presiding). Smith pleaded guilty to Count 1 (narcotics conspiracy), Count 2 (money laundering conspiracy), and Count 15 (false statements to federal agents) of the Superseding Indictment. As part of the plea agreement, the Government promised to dismiss the remaining counts of the Superseding Indictment and original indictment if Smith entered a plea of guilty. Plea Tr. 7. The Court conducted a thorough Rule 11 colloquy and accepted Smith’s plea as being voluntarily and knowingly made. Plea Tr. 3-28. The Court presented the outline of the plea agreement and the counts to which Smith was pleading guilty. Plea Tr. 7-24. The Court also informed Smith about the maximum statutory penalties, fines, and supervised release terms resulting from conviction of those offenses. Plea Tr. 9-12. In addition, the Court informed Smith about the Sentencing Guidelines and how they generally operate in calculating a sentence. Plea Tr. 10. The Court informed Smith about her right to a jury trial, her right to plead not guilty, her right to be confronted by her accusers, her right against self-incrimination, her right to raise defenses, the presumption of innocence at any trial, and the burden of proof on the government to prove her guilt beyond a reasonable doubt. Plea Tr. 12-19. Smith indicated that she understood those rights. Id. Smith stated that she had discussed the charges and had read the indictment with her counsel and was so satisfied with his advice and assistance. Plea Tr. 6-8. The Court asked Smith a second time whether she was satisfied with the advice and assistance of counsel: Court: Have you had any trouble in communicating with your counsel? That is having your lawyer understand what you had to say about the case, and you understanding what he has had to say about the case? Smith: No, I haven’t had any trouble. Court: Again, are you satisfied with the advice and assistance which he has given you up to this time? Court: Yes, I am. Plea Tr. 20-21. The Court reminded Smith that in the plea agreement, she was waiving her right to appeal her sentence: Court: In the plea bargain and agreement, you have agreed that you will give up any right of appeal that you would have as to any sentence imposed upon you in this case, if the sentence is within the provisions of the statute or law.... The only time you would have a right to appeal is if the sentence that is imposed is not in accordance with the statute, within the limits provided by statute. Do you understand that? Smith: Yes, I do. Plea Tr. 19-20. The Court asked Smith whether the Government had promised to move for the Court to depart from the guidelines or otherwise promise a reduction in her sentence based on her cooperation. Plea Tr. 24. Smith responded that “[i]t has been indicated that it may happen. No promises have been made.” Plea Tr. 24. The Court then advised Smith of her rights under the plea agreement and the consequences of a plea: Court: Now, they reserve the right, of course, to move for— ask the court to give you a lesser sentence than provided by the guidelines. They reserve that right. And when the matter is presented to the court, they have agreed that they will bring your cooperation to the attention of the court. But I want you to understand this. They have a perfect right to move for a lesser sentence. They are not compelled to do so, and there is nothing in the plea bargain agreement which requires them to do so. So while you may have in you mind that they are going to do so or you want them to do so, I want you to understand there is nothing in the plea bargain agreement which requires them to do so. They reserve the right to do it.... The court can’t compel them to do it. Do you understand that? Smith: Yes, I do. Court: I just want you to understand, they make the recommendation. The court is not compelled to follow it. So that they may make a recommendation to give you, instead of the minimum sentence under the guidelines, to give you half of the minimum sentence or any portion of it. The court is not compelled to follow that .... That is a matter that the judge has the discretion on whether he will or will not follow it, and I make no suggestion to you that the court would not follow it or that it would follow it.... Your counsel is going to ask the court in all probability to give you some reduction in sentence or to make it as light as the guidelines will permit. But that doesn’t mean that the court has to do so. Do you understand that? Smith: Yes, Your Honor. Plea Tr. 24-26. In order to make sure Smith understood her rights, the Court continued: Court: I’m always concerned about it if a defendant comes into court and enters a plea of guilty, having a feeling that the United States attorney is going to move for some reduction of the sentence. And if you are entering a plea of guilty in the case because of your hope of that, you have a right to hope for it, but I want you to understand that is not a legal— it is not legal and binding in any way on the United States attorney or upon this court, and if they have agreed to you privately they are going to do it, you’d better tell me about it now, because it won’t make any difference when the time comes for sentencing. If there has been any agreement that they are going to move for a reduction of sentence, this is the time to tell me about it, because I’m not going to accept your plea if that’s a part of the plea bargain. Smith: No, No promises have been made to me. Court: No promise has been made. Smith: No. Plea Tr. 26. The Court accepted the plea and then denied Smith’s motion to release her in home detention pending sentencing. Plea Tr. 28, 43-45. The matter was continued for sentencing pending the preparation of a presentence report. Presentence Report A presentence report was prepared and distributed to the parties. On December 16, 1994, defense counsel Robert Wagner advised the probation officer of certain objections. Wagner also filed written objections on December 29, 1994, which incorporated his earlier objections and raised other objections. William Robinson, who was newly-retained defense counsel since the guilty plea hearing, also noted objections to the report and filed his own written objections on December 30, 1994. Taken together, defense counsel’s objections were extensive. Among the major objections raised, defense counsel argued that Smith should be attributed with 5 kilograms of crack cocaine based on her alleged dates of involvement in the drug conspiracy, rather than 255 kilograms of crack cocaine as provided in the presen-tence report. See PSR ¶ 94. Second, defense counsel argued that Smith should be attributed with only $3,000 in laundered money based on her involvement in the conspiracy, rather than more than $1,000,000 as contained the presentence report. See PSR ¶ 94. Third, defense counsel asserted that Smith should be awarded at least a two level reduction for her minor role in the ring, as provided under U.S.S.G. § 3B1.2(b). Fourth, defense counsel maintained that Smith should not be given an enhancement for obstruction of justice under U.S.S.G. § 3C1.1, or an enhancement for possession of a dangerous weapon under U.S.S.G. § 2D1.1(b)(1). Fifth, defense counsel claimed that Smith should be given a sentence reduction based on duress or coercion under U.S.S.G. § 5K2.12. January 30,1995 Hearing The sentencing hearing was originally scheduled for January 30, 1995. Hearing Transcript (“Tr.”) 1. On the same day, Smith filed a motion to withdraw her guilty plea. Id. at 2-3. In addition, the Government petitioned to remove Smith’s lawyer William Robinson as counsel based on a potential conflict of interest. Id. at 3. The Government indicated that Robinson had been representing William Foreman, an unindicted co-conspirator who had pled guilty in return for his cooperation. Id. at 3^4, 19. The Government also stated that Robinson had tried to represent co-conspirator Wainsworth Marcellus Hall at his arraignment hearing. Id. at 4. On that prior occasion, the Government had made a similar motion to have Robinson withdrawn. Id. Robinson subsequently withdrew from Wainsworth Hall’s case. Id. at 11-13. In this matter, the Government stated that William Foreman had been a witness before the Grand Jury and could be a government witness at Smith’s trial. Id. at 25. The Government stated that if Mr. Robinson had learned anything from his prior representation, it could affect Smith’s substantive rights. Id. at 12-13. The Court had Smith sworn and the Government questioned Smith and made sure she understood Robinson’s potential conflict of interest. Id. at 15-19. The Government’s questioning ended this way: Gov’t: And do you understand that in the course of that representation, Mr. Robinson might find out something which directly implicates you in this case? Smith: Yes, I understand. Gov’t: You understand that the Sixth Amendment to the Constitution of the United States provides that you have a right to effective assistance of counsel and that that effective assistance means that your counsel, your lawyer, must not— shall not have any conflict of interest? Smith: I understand that, yes. Gov’t: And that you can waive that conflict after you are knowingly, voluntarily, and intelligently advised of the possibility of a conflict of interest? Smith: I understand. Gov’t: Do you want to continue these proceedings with Mr. Robinson as a lawyer, even if he might have information regarding, your criminal activity in this case? Smith: Yes, I would like to continue. Hearing Tr. 18. The Court decided that on the motion to withdraw the guilty plea, Smith was entitled to separate counsel. Id. at 39. The Court determined that present counsel was a potential witness on the matter. Id. April 20,1995 Sentencing Hearing The matter was continued until April 20, 1995, at which time Smith indicated that she wanted to withdraw her earlier motion to withdraw the guilty plea. Sentencing Tr. 4. The Court conducted a thorough examination of Smith and inquired whether she conferred with counsel on the matter and was satisfied with counsel’s advice and assistance. Sentencing Tr. 4-25. As part of that examination, the Court inquired whether Smith had been threatened or coerced into withdrawing her motion to withdraw her plea. Id. The Court also reminded Smith that at the original sentencing hearing, she had waived her right to a conflict of interest involving her attorney Robinson: Court: At that time I believe you said you had no objection at all to his [Robinson’s] appearing, that you waived any right that you might have as to any conflict that might result. Do you remember that? Smith: Yes. Court: Now, ... do you have any objection today to his participating in the sentencing? Smith: No, I do not, Your Honor. Court: Do you want him to participate in the sentencing? Smith: Yes, I do. Court: Even though it should appear at some subsequent time that someone suggests there was a conflict of interest on his part, you want to waive any right to raise that as an objection to anything that occurs during the time of sentencing? Smith: Yes, I do. Sentencing Tr. 27-28. Smith also was asked about her earlier comment at the Rule 11 colloquy about an alleged promise of a reduced sentence. Id. at 6. The exchange went as follows: Smith: Indirectly I was told that I would get some type of assistance, but later I am finding out that I wouldn’t. Court: Who told you that? Smith: My attorney, Robert Wagner. Court: Did the United States Attorney ever make — anyone from the United States Attorney’s office or anyone connected with the prosecution of this case ever suggest to you or indicate to you or make any promise to you that they would ask the court to give you a reduced sentence other than what was called for by the guidelines? Smith: No. Not directly to me, no. Court: Well, do you know whether any such comment to your attorney or anyone connected with your defense in the matter? Smith: Yes, that comment was made. Court: All right. And how do you know that? Smith: Because my attorney told me so. Court: But you did not hear it? Smith: No, I didn’t. Sentencing Tr. 6. The Court refreshed Smith’s recollection by reading from the plea hearing transcript. Id. at 7-8. In particular, the Court read where Smith had stated that no promises had been made to her. Id. at 8. Court: Is that correct that you answered that no promises had been made? Smith: Yes, that’s correct. Court: Well, you were telling the truth then, weren’t you? Smith: Yes, I was telling the truth. There were no promises, but there was just an understanding, that’s all. Court: Well, tell me what the understanding was? Smith: Just that I would receive some type of reduction, a possibility of reduction after I pled guilty. Court: Possibility of reduction, is that what was said to you? Smith: No, that I would receive a reduction after I pled guilty. Court: Well, if that was the promise that was made to you, since the time you have entered the plea have you had any discussions with anyone in the United States Attorney’s office, anyone at all dealing with the prosecution of this case wherein they made any statements to you concerning your sentence? Smith: No, I have not. Court: Have there been any discussions so far as you know between your counsel and the United States Attorney’s office concerning the making of any motion for a reduction of your sentence? Smith: Yes, there has been. Court: All right. And what is that? j}« % * # % $ Smith: Just that the prosecutor said that he wouldn’t have any objections to going outside of the sentencing guidelines. # * * * * * Smith: My responsibilities are to assist the government, and after my assistance that they would be willing to offer me a sentence reduction. Court: Now, is that the reason that you have withdrawn your motion to withdraw the plea? Smith: No, that’s not the complete reason, no. Because of counsel also. Court: Was that a part of the reason? Smith: Yes. Court: Now, as I understand what you are saying, the United States Attorney’s office agreed they would make a motion to the court saying they had no objections to the court going outside of the guidelines. Is that what you said? Smith: Yes. Court: And is that the total of any promise or understanding which you have had with them? Smith: Yes. Court: No other condition o[r] provision? Smith: No. Sentencing Tr. 9-10. The Court read from the guilty plea transcript concerning Smith’s rights under the plea agreement and the consequences of her plea. Id. at 10. The Court continued: Court: You [ ] understand that while the United States Attorney may make the motion for a reduction of sentence or it may say it has no objection to reduction of the court going outside of the guidelines, I want you to understand that after time of sentencing the mere fact that they have no objection to the court going outside of the guidelines has no meaning whatsoever because the court could not bring you back for any change of sentencing except upon a motion made by the United States Attorney for cooperation which has occurred since that time. And it’s not merely a statement that he has no objection to. it; he must make the motion. Otherwise, the court has no authority whatsoever to do it.... Do you understand that? Smith: Yes, I do. Court: Now, understanding all of that, are you sure that you want to withdraw your motion to withdraw the plea of guilty which you previously entered? Smith: Yes. Court: Other than your statement as to what your counsel has told you that the [government] at a Rule 35 motion will make no objection to the court going outside of the guidelines, other than that statement has there been any offer or any inducement of any kind made to you in order to have you agree to withdraw your plea of guilty • - ■? Smith: No, sir. % ij; ‡ H* Hi Court: That’s the sole offer that’s been made to you? Smith: Yes. Court: Well, I want you to understand this: It is absolutely an illegal motion. It has no meaning whatsoever. The court could not act upon it even if it wanted to do so. So if that is any inducement to you to withdraw your motion to withdraw the plea, I want you to understand now that you are wasting your time because it has no meaning whatsoever. The court could not grant it even if it wanted to. Sentencing Tr. 11-14. Smith’s lawyer Robinson represented to the Court that the motion to withdraw the motion to withdraw the plea was not based on this understanding with the Government. Id. at 14-21. Rather, the motion to withdraw was based solely on an understanding that Smith would cooperate with authorities in the hope that they would consider a substantial assistance motion. Id. The Court proceeded to question Robinson and then Smith and Wagner: Court: Well, to be certain that I understand exactly what you say the agreement is, there is no agreement on the part of the United States Attorney at the time of sentencing to make any motion or to unoppose any motion that be made for a reduction of sentence? Robinson: Correct. Court: Your understanding or hope is that because of cooperation which you expect the defendant will give to the United States Attorney’s office and/or to the prosecution in this case, that will lead them to file a Rule 35 motion, but there is no agreement by the United States Attorney’s office that regardless of what cooperation she may give, that they will file a Rule 35 motion. Robinson That is correct. Court: Am I correct? Robinson: That is correct. Court: Okay. Now, Ms. Smith, do you thoroughly understand what we have been discussing? Smith: Yes, I do. Court: Do you understand there is no agreement by the United States Attorney’s office, no representation by the United States Attorney’s office, no representation by the United States Attorney’s office or indication by the United States Attorney’s office that regardless of what cooperation you may give from this day forward that they will make a Rule 35 motion for a reduction of your sentence? Do you understand that? Smith: Yes, I do. Court: It is only a hope on your part? Smith: Right. Yes, your honor. ‡ ‡ ‡ ‡ ‡ ‡ Court: You want the court to permit you to withdraw, then, the motion to withdraw your guilty plea? Smith: Yes. Court: Is that what you want? Smith: Yes, I do, Your Honor. Court: You feel you thoroughly understand what you are doing today? Smith: Yes, I do. Court: You realize that you are surrendering a right which you may have or the right that you have under the law and the constitution? You are giving up that right in asking the court to permit you to withdraw the plea of guilty. Do you understand that? Smith: Yes, I do, Your Honor. Court: And the only promise or indication of any assistance that you would get is your hope that what information you furnish to the prosecution or to the United States Attorney’s office or its official will lead them to file the Rule 35 motion. Is that your understanding? Smith: Yes, Your Honor. Court: Mr. Robinson, Mr. Wagner, is that your understanding of it, too? Robinson: It is, Your Honor. Wagner: Yes, Your Honor. Sentencing Tr. 20-23. At this point, the Court allowed the Government to make any objection to the withdrawal of Smith’s motion. Id. at 23. The Government had no objection and made the following statement: Gov’t: I just want the record to be clear in reflecting that contrary to what Ms. Smith inferred or let the court infer, there is no quid pro quo as to why she is withdrawing her plea. The government has not promised her anything now, will not promise her anything later, and did not promise her anything [not contained in] the plea agreement where it states that the parties agree that the United States reserves its options to seek any departure from the applicable sentencing guidelines pursuant to Section 5K or Rule 35(b) of the Federal Rules of Criminal Procedure .... [I]f the government files the motion, it’s because the government is satisfied that Miss Smith has complied with the terms of the plea agreement in the paragraphs I cited. So I just want the court to be clear there’s no quid pro quo in the motion to withdraw the motion to set aside the plea agreement. Sentencing Tr. 24. Accordingly, the Court permitted Smith to withdraw her motion to withdraw her guilty plea. Sentencing Tr. 24. At sentencing, Smith’s lawyers introduced mitigating evidence that Smith had suffered from “battered woman’s syndrome”. In support of this defense, Smith’s lawyers called numerous experts and lay witnesses, and introduced medical records and other documentary evidence. Among those who testified, Smith’s lawyers called Caira Clever Cephas and Candace R. Jeter to the witness stand. Both Ms. Cephas and Ms. Jeter had attended Hampton University with Smith and were members of the cocaine ring. Sentencing Tr. 28-65. Both agreed that Hall was a charismatic man who women found attractive and exciting to be around. Sentencing Tr. 56-57, 59; see also Detention Tr. 71. Both also testified, as did Smith, that Hall had a violent streak and was known to be physically and emotionally abusive. All the witnesses concurred that Smith’s relationship with Hall was marked by episodes of brutal rage. According to the witnesses’ testimony, Hall slapped, beat, or choked Smith on many instances, and he would often yell and scream at her. For instance, in the summer of 1991 at a party in Philadelphia, Hall spied Smith talking to another man on the street. Sentencing Tr. 69-71. Hall became upset and, later that night in their hotel room, Hall grabbed Smith by the throat. Sentencing Tr. 71. When Smith tried to defend herself, Hall punched Smith in the face. Id. Smith’s face was swollen from the beating and she was treated at a local hospital. Id. at 72-73. Smith lied to doctors and told them that she had hit her head on the windshield during a car accident. Id.; Sentencing Exhibit 1. On another occasion, Smith met Hall in Newport News in January or February of 1992 after she had been questioned by authorities at her parent’s home. Sentencing Tr. 80. Hall interrogated Smith about the incident and, becoming nervous, Smith stammered with the details. Id. In a mad fury, Hall began to kick and beat Smith with a belt. Sentencing Tr. 81. Hall’s beating caused swelling to Smith’s face and body, and Hall told Smith to soak in the bathtub. Id. While in the tub, Hall continued to question her and hit and beat her with a brush. Id. Ms. Cephas was in a nearby room and could hear Hall yelling. Sentencing Tr. 30-31, 80. When Hall left the bedroom where the beating took place, Ms. Cephas went to cheek on Smith and found her bruised and beaten. Id. Ms. Cephas also was a girlfriend of Hall. She and Smith both testified that Hall forbid them to use birth control. Sentencing Tr. 48, 81-82. As a result, both Smith and Ms. Cephas got pregnant and had children by Hall. Sentencing Tr. 36, 37. Smith’s lawyers also called expert witnesses to testify about battered woman’s syndrome. Lawyers called Dr. Jo Ann Marie Wilson, who was Smith’s treating psychologist. Sentencing Tr. 156-57. In 1990, Smith went to see Dr. Wilson for counseling at a time when she had not yet met Hall. Sentencing Tr. 157, 184. Around the time of her arrest, Smith called Dr. Wilson and resumed her therapy. Sentencing Tr. 158. At the sentencing hearing, Dr. Wilson testified that Smith had suffered from depression, battered woman’s syndrome, and post-traumatic stress syndrome around the time of her arrest. Sentencing Tr. 159. Dr. Wilson also testified that Smith was suicidal initially and suffered from poor confidence and low self-esteem, although Smith had become a much “healthier” person after resuming her therapy. Sentencing Tr. 159-60,171-172. Dr. Wilson commented on battered woman’s syndrome in the context of Smith’s relationship with Hall. Dr. Wilson testified that the batterer seeks to control all aspects of a person’s life. Sentencing Tr. 166. Dr. Wilson believed there was substantial evidence that Hall sought to control all facets of Smith’s life. Id. Dr. Wilson noted that Hall forbid Smith to use birth control. Id. Dr. Wilson noted that Smith had been raised in a home with a dominant father figure and a caretaker mother. Sentencing Tr. 184. Dr. Wilson testified that women raised in such homes sometimes will bond with dominant and abusive men. Id. Dr. Wilson also stated that in an abusive relationship, as she believed Smith’s relationship with Hall had been, the batterer’s influence is total and complete. Sentencing Tr. 189-197. Defense counsel also called Dr. Alice L. Twining to testify about battered woman’s syndrome theory. Dr. Twining is a licensed psychologist who offered her expert opinion based on a conversation with Dr. Wilson and on the testimony presented at the hearing. Sentencing Tr. 142^13, 153-154. In her testimony, Dr. Twining maintained that a battered woman forms an intense attachment, or “traumatic bonding”, when subject to alternating episodes of abuse and kindness. Sentencing Tr. 143-44. According to Dr. Twining, the batterer becomes both abuser and rescuer. Sentencing Tr. 146. Dr. Twining thought that Smith’s relationship with Hall fit this pattern of a battered woman. Id. As support for this diagnosis, Dr. Twining claimed that younger women are more susceptible to this pattern of behavior, and the coercion exerted knows no geographical or temporal bounds. Sentencing Tr. 145-49. Dr. Twining concluded that in her expert opinion, Smith was not acting under her own free will. Sentencing Tr. 149-51. At the close of all the evidence, the Court sentenced Smith to 294 months imprisonment on Count 1 for drug conspiracy. This feil into the middle of the guideline range of 262 — 327 months. The Court also sentenced Smith to sixty (60) months on Count 2 for money laundering, and sixty (60) months for making or concealing materially false statements or facts on Count 15, all of which sentences were to run concurrently. Upon the Government’s motion and pursuant to the plea agreement, the Court dismissed Counts 14 and 16 of the Superseding and original indictment. The Court also informed Smith about her right to appeal her sentence notwithstanding the fact that she had waived that right in the plea agreement. Sentencing Tr. 263. Before imposing sentence, the Court spoke at length about the complicated nature of Smith’s case. Ultimately, however, the Court rejected a downward departure on the grounds that Smith had been under duress or had been coerced. The Court could not accept such a defense when Smith had dated Hall for such a long time and had witnessed Hall’s violent nature. In the Court’s view, Smith understood and appreciated the criminality of Hall’s actions. The Court did not believe that Smith committed the offenses solely out of fear. In this sense, the Court rejected the notion that Hall’s will over Smith had no geographical or temporal bounds. Sentencing Tr. 251-257. The Court also concluded that Smith had understood and appreciated the wrongfulness of her own actions. The Court noted that Smith was a college-educated woman who had a sense of right and wrong. In fact, the Court pointed out that Smith grew up in a strong, middle class family with parents who by all indications loved and cared for her. Sentencing Tr. 251-257. Appeal and Habeas Petition On April 27, 1995, by counsel William Robinson, Smith filed a notice of appeal to the judgment of the Court. The Government filed a motion to dismiss the appeal on the grounds that Smith knowingly and voluntarily waived her right to appeal her sentence. Smith filed a response to the Government’s motion. In the response, Smith argued that her offense conduct was the product of coercion and duress and the trial-court should have departed downward from the Sentencing Guidelines. On July 19, 1995, the Fourth Circuit Court of Appeals dismissed Smith’s appeal on the motion of the Government. See United States v. Smith, CA No. 95-5344. Smith filed a petition for writ of certiorari to the United States Supreme Court which was denied. On April 23, 1997, Smith filed a motion for habeas relief under 28 U.S.C. § 2255. On June 5, 1997, this Court dismissed the habeas petition as untimely. Smith applied for a certificate of appealability with this Court, and her application was granted on July 11, 1997. Thereafter, Smith filed a notice of appeal to the denial of her habeas petition on July 24,1997. On September 15, 1998, the Fourth Circuit Court of Appeals held that the habeas petition was not time-barred. The Court of Appeals therefore vacated this Court’s order and remanded the matter for further proceedings. On December 4, 1998, this Court directed the United States to file an answer or other pleadings to Smith’s habe-as motion. On January 13, 1999, Smith filed an amended habeas motion. On February 2, 1999, the Government filed a response to Smith’s habeas motion. On February 24, 1999, Smith filed a traverse to the Government’s response. This matter is ripe for decision. II. Analysis Smith alleges numerous violations of her constitutional rights. Smith believes that her allegations raise questions of material fact that require an evidentiary hearing and support her request for certain discovery. Section 2255 provides for an evidentiary hearing unless the evidence conclusively shows that the petitioner is not entitled to relief. 28 U.S.C. § 2255; United States v. Magini, 973 F.2d 261, 264 (4th Cir.1992). Evidentiary hearings are not mandated in every § 2255 proceeding. See Rule 8(a) of the District Court Rules Governing Section 2255 Cases. In fact, where the record, transcripts, files and affidavits are sufficiently adequate, the district court may resolve these disputes without the need for a hearing. See Fontaine v. United States, 411 U.S. 213, 215, 93 S.Ct. 1461, 36 L.Ed.2d 169 (1973). A habeas petitioner is not entitled to discovery in the ordinary course of proceedings. See Bracy v. Gramley, 520 U.S. 899, 117 S.Ct. 1793, 1796-1797, 138 L.Ed.2d 97 (1997). Rule 6 of the Rules Governing § 2255 Proceedings provides that a habeas petitioner must demonstrate good cause in order to obtain discovery. Under the rule, the petitioner must make a preliminary showing that requested documents contain exculpatory or impeaching information in order to compel production. United States v. Roach, 28 F.3d 729, 734 (8th Cir.1994). 1. Knowing and Voluntary Plea Smith argues that her guilty plea was not knowing and voluntary. A plea of guilty is constitutionally valid if it is made on a “voluntary” and “intelligent” basis. Brady v. United States, 397 U.S. 742, 748, 90 S.Ct. 1463, 1469, 26 L.Ed.2d 747 (1970). Thus, the defendant must receive “real notice of the true nature of the charge against him”. Smith v. O’Grady, 312 U.S. 329, 334, 61 S.Ct. 572, 574, 85 L.Ed. 859 (1941). The “manner of ensuring that the defendant is properly informed is committed to the good judgment of the district court, to its calculation of the relative difficulty of comprehension of the charges and of the defendant’s sophistication and intelligence.” United States v. Reckmeyer, 786 F.2d 1216, 1221 (4th Cir.1986). In this case, the plea agreement waived Smith’s right to appeal and did not provide for waiver of collateral remedies under § 2255. The Government could have included a waiver of collateral rights in the plea agreement and chose not to do so. In such event, Smith did not expressly waive her rights to habeas review under the plea agreement. See United States v. Tayman, 885 F.Supp. 832, 834 (E.D.Va.1995). All the same, the plea agreement does not bar application of the procedural default rule. Because Smith failed to raise this issue on direct appeal, she is forbidden to recast the issue in her habeas petition unless she can show “cause” and “actual prejudice” or a fundamental miscarriage of justice. United States v. Frady, 456 U.S. 152, 165, 102 S.Ct. 1584, 1593, 71 L.Ed.2d 816 (1982); Davis v. United States, 417 U.S. 333, 342, 94 S.Ct. 2298, 2303, 41 L.Ed.2d 109 (1974); see also Bousley v. United States, 523 U.S. 614, 118 S.Ct. 1604, 1610, 140 L.Ed.2d 828 (1998) (petitioner’s failure to challenge the validity of his plea is subject to procedural default); United States v. Maybeck, 23 F.3d 888, 890, n. 1 (4th Cir.1994). Of course, Smith’s plea agreement waived her right to appeal and her notice of appeal was dismissed by the court of appeals on those grounds. Other courts have found that this is not sufficient “cause” for a petitioner’s procedural default. See United States v. Pipitone, 67 F.3d 34, 37-38 (2d Cir.1995) (plea agreement as bar tp appealing sentence not “cause” justifying collateral review); United States v. Jones, 56 F.3d 62, No. 94-6209, 1995 WL 321263, at *1 (4th Cir. May 30, 1995) (per curiam) (unpublished opinion). In any event, there has been no constitutional dereliction by virtue of the fact that Smith’s plea was voluntarily and knowingly made. The Court presented the outline of the plea agreement and the counts to which she was pleading guilty. Plea Tr. 7-24. The Court also informed Smith about the maximum statutory penalties, fines, and supervised release terms resulting from conviction of those offenses. Plea Tr. 9-12. The Court told Smith about the Sentencing Guidelines and how they generally operate in calculating a sentence. Plea Tr. 10. The Court informed Smith about her right to a jury trial, her right to plead not guilty, her right to be confronted by her accusers, the right against self-incrimination, the presumption of innocence at any trial, and the burden of proof on the government to prove her guilt beyond a reasonable doubt. Plea Tr. 12-19. Smith indicated that she understood those rights. Id. Smith stated that she had discussed the charges and had read the indictment with her counsel and was so satisfied with his advice and assistance. Plea Tr. 6-8. The Court also reminded Smith that she had waived her right to appeal in the plea agreement and Smith so acknowledged. Plea Tr. 19-20. The Government then recited the facts that it would prove were the case to go to trial. Plea Tr. 28-35. Thereafter, the Court asked Smith whether the facts were true and she admitted that they were. Plea Tr. 39-40. The Court’s inquiry was sufficient and Smith was properly informed as to the charges and the consequences of her guilty plea. The procedural dialogue establishes that Smith understood the consequences of accepting a plea. Smith’s answers do not amount to “empty gestures” that may be disregarded at a future date. See Little v. Allsbrook, 731 F.2d 238, 240, n. 2 (4th Cir.1984). In the context of this matter, Smith must be bound by her statements at the plea hearing. a. Competency Nonetheless, Smith argues that she was legally incompetent at the time of the Rule 11 hearing to make a voluntary and intelligent plea of guilty. Such a claim, if true, may be sufficient to overcome the significant hurdle of procedural default. In fact, due process requires that a defendant be legally competent before entering a plea of guilty. Shaw v. Martin, 733 F.2d 304, 314 (4th Cir.1984). The guilty plea is rendered invalid if the defendant’s mental faculties were so impaired that the defendant could not appreciate the charges and consequences of her plea, and could not comprehend her constitutional rights. Id. Smith believes that an evidentiary hearing and discovery are required because she was under psychological treatment at the time of her guilty plea. The Fourth Circuit has held that a habeas petitioner is not entitled to an evidentiary hearing on mental competency claims unless the evidence casts a “real, substantial, and legitimate doubt with respect to the petitioner’s mental capacity and ability to assist his counsel .... ” Lawson v. Dixon, 3 F.3d 743, 753-754 (4th Cir.1993). “Such evidence must be both positive and unequivocal.” Id. at 754. In this matter, Smith has not cleared this “lofty hurdle” by simply pointing out that she had been seeing a psychologist at the time of the plea hearing. Lawson, 3 F.3d at 754. Such evidence does not rise to the level of legal incompetency. The uncontroverted facts are that Smith was alert and in full control of her faculties at the guilty plea hearing. Smith understood the nature of the proceedings and appreciated the charges and consequences of her plea. Plea Tr. 6-40. Although markedly depressed at the time she was arrested, Smith’s emotional health had steadily improved from that time forward. In fact, Smith’s treating psychologist testified at sentencing that Smith had become a much “healthier person” in the intervening time since she was arrested. Sentencing Tr. 171-172. Smith’s arguments add nothing to the factual mix and her claims may be resolved without the need for an evidentia-ry hearing or discovery. b. Battered Woman’s Syndrome Smith alleges that at the time she pled guilty, she was not informed of the availability of a complete defense. According to Smith, she was a battered woman and lacked the specific intent necessary to support her conspiracy convictions. Relatedly, Smith contends that she had been acting under duress or had been coerced by Hall into committing the offenses. Smith failed to raise this issue on appeal and is subject to the procedural default rule on collateral review. Frady, 456 U.S. at 165, 102 S.Ct. at 1593; Davis, 417 U.S. at 342, 94 S.Ct. at 2303; see also Boeckenhaupt v. United States, 537 F.2d 1182 (4th Cir.1976); Moore v. United States, 934 F.Supp. 724 (E.D.Va.1996). Smith waived her right to pursue any defenses in pleading guilty. Plea Tr. 17-19. Her waiver of appeal in the plea agreement may not be sufficient “cause” to overcome the procedural default rule. Pipitone, 67 F.3d at 38-39; Jones, 56 F.3d 62, 1995 WL 321263, at *1. In any event, Smith’s claim that she lacked the statutory intent necessary for conviction has no bearing on the determination that Smith entered a voluntary and knowing plea. See United States v. Wilson, 81 F.3d 1300, 1308-1309 (4th Cir.1996). Smith chose to avoid the risk of presenting her case to a jury, who could have reasonably found that she possessed the requisite “mens rea.” See id. Rather than face that risk, Smith entered a guilty plea and benefitted from the government’s written promise to move to dismiss the remaining counts of the Superseding Indictment and original indictment. 2. Plea Agreement Breach Smith claims that the Government breached the terms of their plea agreement. Smith failed to raise this issue on appeal and her collateral attack is controlled by the procedural default rule. Frady, 456 U.S. at 165, 102 S.Ct. at 1593; Davis, 417 U.S. at 342, 94 S.Ct. at 2303; see also Boeckenhaupt, 537 F.2d at 1182; Moore, 934 F.Supp. at 724. Smith’s waiver of appeal in the plea agreement may not be sufficient cause to overcome the formidable barrier of procedural default. Pipitone, 67 F.3d at 38-39; Jones, 56 F.3d 62, 1995 WL 321263, at *1. Nevertheless, Smith asserts that the Government made unfair promises that induced her to sign the plea agreement and to withdraw her motion to withdraw her guilty plea. The integrity of the plea bargaining process requires that the plea agreement be given great weight. United States v. Garcia, 956 F.2d 41, 44-45 (4th Cir.1992). Yet the outside possibility of a constitutional deficiency means that the courts do not review plea agreements under strict contract interpretation. United States v. Carter, 454 F.2d 426 (4th Cir.1972). A guilty plea may be rendered involuntary if the evidence shows “misunderstanding, duress, or misrepresentation by others” demonstrating a constitutional deficiency. Blackledge v. Allison, 431 U.S. 63, 76, 97 S.Ct. 1621, 1630, 52 L.Ed.2d 136 (1977). a. Release Pending Sentencing First, Smith maintains that the Government breached its promise not to oppose releasing her on bond after she pled guilty. Smith was pregnant at the time of the guilty plea hearing and wanted to remain at home until her sentencing. In Smith’s view, the Government misled the Court when it stated that the Court had little discretion under the statute to release Smith on bond. In relevant part, 18 U.S.C. § 3143 provides: (2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subpara-graph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless - (A)(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or (ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and (B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. In this case, Smith pleaded guilty to a drug trafficking charge which is described in 18 U.S.C. § 3142(f)(1)(C); an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act, 21 U.S.C. § 801 et seq. Clearly the Government did not recommend that no sentence of imprisonment be imposed, and the Court could not do so under the Sentencing Guidelines. At the plea hearing, attorney Wagner told the Court that the Government did not object to Smith’s release pending sentencing. Plea Tr. 38. Wagner also understood that the Court had little discretion under the statute: Your Honor, I know that there are certain rules governing the court under 18 USC Section 1343, that when someone is to plead guilty to such an offense as this, there may be very little discretion a judge has. But, Your Honor, what I’m asking the court to do is to release Ms. Smith on home detention, and in effect she remains in detention, pending her— the period of time between now and her sentencing.... Plea Tr. 39. The Government informed the Court that it had no objection and also confirmed attorney Wagner’s understanding that the Court has little discretion by the terms of the statute. In the Government’s own words: [I]t is true, the government has no objection. The government has no objection to Ms. Smith being released. However, I told Mr. Wagner, and the government will be remiss if we didn’t point out to the court that whether the government has any objection or not, it is academic, because under United States Code Title 18, Section 3143, subsection (a)(2), it appears that once a plea of guilty or a person has been found guilty in a case like this, there is no discretion.... Plea Tr. 41. Both attorney Wagner and the Government correctly informed the Court that under 18 U.S.C. § 3143, there is little discretion for the Court to release a defendant pending sentencing. Smith has not successfully attacked the constitutional validity of her plea on this basis. b.substantial assistance Second, Smith contends that the Government breached its oral and written promise to move for a downward departure based upon substantial assistance. Smith claims that she was induced to withdraw her motion to withdraw her guilty plea based on governmental promises. As a preliminary matter, the written plea agreement did not obligate the Government in this matter to move for a downward departure based upon substantial assistance. The plea agreement provides in relevant part: 6. The defendant agrees to cooperate fully and truthfully with the United States, and provide all information known to the defendant regarding any criminal activity. In that regard: a. The defendant agrees to testify truthfully and completely at any grand juries, trials or other proceedings. b. The defendant agrees to be reasonably available for debriefing and pre-trial conferences as the United States may require. c. The defendant agrees to provide all documents, records, ’writings or materials of any kind in the defendant’s possession or under the defendant’s care, custody, or control relating directly or indirectly to all areas of inquiry and investigation. d. The defendant agrees that, upon request by the United States, the defendant will voluntarily submit to a government polygraph examination. * * * * ❖ # 8. The parties agree that the United States reserves its option to seek any departure from the applicable sentencing guidelines, pursuant to Section 5K of the Sentencing Guidelines and Policy Statements, or Rule 35(b) of the Federal Rules of Criminal Procedure, if in its sole discretion, the United States determines that the defendant has provided substantial assistance and that such assistance has been completed. The Fourth Circuit has held that this exact language does not give rise to an enforceable promise as a matter of contract law. United States v. Wallace, 22 F.3d 84, 87 (4th Cir.1994). According to the Wallace court, the United States retains discretion to conclude whether the defendant cooperated “fully and truthfully” and whether the assistance given was “substantial.” Id. Thus, in this case, there was no enforceable promise arising from the plea agreement itself. In its discretion, the Government could refuse to move for a downward