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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 DEBRA GONZALES, Petitioner, 10 vs. 11 12 CASE NO. 17cv1369-LAB ORDER DENYING MOTION UNDER 28 U.S.C. § 2255 UNITED STATES OF AMERICA, Respondent. 13 14 Last summer, Debra Gonzales pled guilty to driving a car loaded with 45 pounds of 15 methamphetamine into the United States. The maximum sentence was 20 years in prison— 16 the Court sentenced Gonzales to 68 months. Gonzales now asks the Court to modify her 17 sentence based on her attorney’s failure to argue for safety valve and minor role reductions. 18 First, Gonzales is wrong on the merits. Her attorney argued for safety valve and the 19 Court applied it. 1 The Court also considered minor role, but decided not to grant it.2 20 Importing 45 pounds of methamphetamine didn’t make Gonzales substantially less culpable 21 than the average participant in the offense she committed. See United States v. Ng, 202 22 F.3d 280 (9th Cir. 1999) (rejecting minor role for attempted importation of 23 methamphetamine). Second, since the sentence was less than 71 months, Gonzalez 24 agreed to waive any right “to collaterally attack the sentence.” 3 See United States v. Abarca, 25 985 F.2d 1012 (9th Cir. 1993). The motion is DENIED. IT IS SO ORDERED. 26 27 Dated: August 10, 2017 HONORABLE LARRY ALAN BURNS United States District Judge 28 1 Dkt. 32 at 2. Dkt. 26 at 5–6. 3 Dkt. 23 at 11. 2

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