Garcia
United States v. Garcia
Opinion
Lead Opinion
Tigar, J.
ORDER GRANTING MOTION TO VACATE SENTENCE
Re: ECF No.
Before the Court is Defendant Heri Garcia’s motion to vacate sentence pursuant to 28 U.S.C. § 2255 . ECF No. 58. On July 13, 2016, the Court granted Defendant’s motion, ECF No. 73, and scheduled a re-sentencing hearing for August 26, 2016, ECF No. 74. This order sets forth the reasoning underlying the Court’s July 13, 2016 order granting Defendant’s motion.
I. BACKGROUND
On September 12, 2013, Defendant was charged by indictment with one count of violation of 18 U.S.C. § 922 (g)(1) (felon in possession of a firearm). ECF No. 1. On March 18, 2015, Defendant pleaded guilty to that count in the indictment. ECF No. 56. The Court sentenced Defendant to 30 *1112 months imprisonment. Id. at 2 . Defendant voluntarily surrendered to begin his sentence on May 12, 2015, and his anticipated release date is June 28, 2017. ECF No. 58 at 1-2.
In determining Defendant’s sentence, the Court first concluded that Defendant’s base offense level was 20 under U.S.S.G. § 2K2.1(a)(4)(A) because Defendant had a prior conviction for a “crime of violence,” namely involuntary manslaughter under Cal. Penal Code § 192 (b). ECF No. 58 at 2; ECF No. 65…