Gonzales v. USA

Filing 2

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)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DEBRA GONZALES,
Petitioner,

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vs.

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CASE NO. 17cv1369-LAB
ORDER DENYING MOTION UNDER
28 U.S.C. § 2255

UNITED STATES OF AMERICA,
Respondent.

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Last summer, Debra Gonzales pled guilty to driving a car loaded with 45 pounds of

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methamphetamine into the United States. The maximum sentence was 20 years in prison—

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the Court sentenced Gonzales to 68 months. Gonzales now asks the Court to modify her

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sentence based on her attorney’s failure to argue for safety valve and minor role reductions.

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First, Gonzales is wrong on the merits. Her attorney argued for safety valve and the

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Court applied it. 1 The Court also considered minor role, but decided not to grant it.2

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Importing 45 pounds of methamphetamine didn’t make Gonzales substantially less culpable

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than the average participant in the offense she committed. See United States v. Ng, 202

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

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methamphetamine). Second, since the sentence was less than 71 months, Gonzalez

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agreed to waive any right “to collaterally attack the sentence.” 3 See United States v. Abarca,

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985 F.2d 1012 (9th Cir. 1993). The motion is DENIED.
IT IS SO ORDERED.

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Dated: August 10, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge

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Dkt. 32 at 2.
Dkt. 26 at 5–6.
3 Dkt. 23 at 11.
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