Fernandez-Perez

Fernandez-Perez v. United States

Good Law
United States District Court, Southern District of CaliforniaNovember 6, 20203:19-cv-00127California18,480 words

Opinion

Trial Court Opinion

INTRODUCTION

Before the Court are the motions of Gregorio Fernandez-Perez (“Petitioner”) 23 || proceeding pro se,' to (1) vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 24 25 In reviewing Movant’s motion, the Court is mindful that “al decument filed pro se to be liberally construed ... and a pro se [pleading], however inartfully pleaded, must be g held to less stringent standards than formal pleadings drafted by lawyers.” Erickson vy, Pardus, 551 U.S. 89, 94 (2007) (internal quotation marks and citation omitted). -l-.

|}2255, ECF. No. 56,” and (2) issue a Compassionate Release Order pursuant to 18 U.S.C. |/3582(c)(1)(A), ECF No. 59. While the Court did not set a briefing schedule for Petitioner’s ||motion pursuant to 28 U.S.C. § 2255, and as such, the Government did not file a response that motion, the Government opposed Petitioner’s Motion for a Compassionate Release |{Order, ECF No. 60, 62. For the reasons discussed below, the Court denies Petitioner’s 6 || motions. .

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