Gonzales v. USA
ORDER Denying Petition to Vacate under 28 USC 2255. Signed by Judge Larry Alan Burns on 8/10/2017.(All non-registered users served via U.S. Mail Service)(lrf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CASE NO. 17cv1369-LAB
ORDER DENYING MOTION UNDER
28 U.S.C. § 2255
UNITED STATES OF AMERICA,
Last summer, Debra Gonzales pled guilty to driving a car loaded with 45 pounds of
methamphetamine into the United States. The maximum sentence was 20 years in prison—
the Court sentenced Gonzales to 68 months. Gonzales now asks the Court to modify her
sentence based on her attorney’s failure to argue for safety valve and minor role reductions.
First, Gonzales is wrong on the merits. Her attorney argued for safety valve and the
Court applied it. 1 The Court also considered minor role, but decided not to grant it.2
Importing 45 pounds of methamphetamine didn’t make Gonzales substantially less culpable
than the average participant in the offense she committed. See United States v. Ng, 202
F.3d 280 (9th Cir. 1999) (rejecting minor role for attempted importation of
methamphetamine). Second, since the sentence was less than 71 months, Gonzalez
agreed to waive any right “to collaterally attack the sentence.” 3 See United States v. Abarca,
985 F.2d 1012 (9th Cir. 1993). The motion is DENIED.
IT IS SO ORDERED.
Dated: August 10, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge
Dkt. 32 at 2.
Dkt. 26 at 5–6.
3 Dkt. 23 at 11.
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