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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 JUANA HARO, CASE NO. 17cv936-LAB (BLM) 11 Petitioner, 12 13 ORDER DENYING MOTION UNDER 28 U.S.C. § 2255 vs. UNITED STATES OF AMERICA, Respondent. 14 15 Last summer, Juana Haro pled guilty to driving a car loaded with 60 pounds of 16 methamphetamine into the United States. The maximum sentence was 240 months in 17 prison—the Court sentenced Haro to 71 months. Haro asks the Court to shave 14 months 18 off her sentence based on a minor role reduction. But the Court already rejected this 19 argument: importing 60 pounds of methamphetamine doesn’t make Haro substantially less 20 culpable or entitle her to a “minor role adjustment under section 3B1.2.” United States v. Ng, 21 202 F.3d 280 (9th Cir. 1999) (rejecting minor role based on attempted importation of 22 methamphetamine). And since the sentence wasn’t greater than 71 months, Haro agreed 23 to waive any right “to collaterally attack the sentence” anyway. United States v. Abarca, 985 24 F.2d 1012, 1014 (9th Cir. 1993). 2 The motion is DENIED. 25 26 IT IS SO ORDERED. Dated: July 19, 2017 27 HONORABLE LARRY ALAN BURNS United States District Judge 28 2 Dkt. 28 at 4–6 and Dkt. 18 at 11. -1-

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