Haro v. USA

Filing 2

ORDER Denying Petition to Vacate under 28 USC § 2255. Signed by Judge Larry Alan Burns on 7/16/2017.(All non-registered users served via U.S. Mail Service)(lrf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JUANA HARO,

CASE NO. 17cv936-LAB (BLM)

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Petitioner,

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ORDER DENYING MOTION UNDER
28 U.S.C. § 2255

vs.
UNITED STATES OF AMERICA,
Respondent.

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Last summer, Juana Haro pled guilty to driving a car loaded with 60 pounds of

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methamphetamine into the United States. The maximum sentence was 240 months in

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prison—the Court sentenced Haro to 71 months. Haro asks the Court to shave 14 months

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off her sentence based on a minor role reduction. But the Court already rejected this

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argument: importing 60 pounds of methamphetamine doesn’t make Haro substantially less

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culpable or entitle her to a “minor role adjustment under section 3B1.2.” United States v. Ng,

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202 F.3d 280 (9th Cir. 1999) (rejecting minor role based on attempted importation of

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methamphetamine). And since the sentence wasn’t greater than 71 months, Haro agreed

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to waive any right “to collaterally attack the sentence” anyway. United States v. Abarca, 985

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F.2d 1012, 1014 (9th Cir. 1993). 2 The motion is DENIED.

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IT IS SO ORDERED.
Dated: July 19, 2017

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HONORABLE LARRY ALAN BURNS
United States District Judge

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Dkt. 28 at 4–6 and Dkt. 18 at 11.
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