Roberto Gabriel Montoya v. J. Englman
Opinion
Trial Court Opinion
Case 2:23-cv-00723-SPG-AFM Document Filed 03/15/ Page 1 of Page ID #:
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7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 ROBERTO GABRIEL MONTOYA, Case No. 2:23-cv-00723-SPG-AFM Petitioner, ORDER TO SHOW CAUSE 13 v.
J. ENGLMAN, Warden,
15 Respondent. 16 17 BACKGROUND In July 2019 Petitioner entered a plea agreement in the United States District Court for the Western District of Oklahoma. (See Western District of Oklahoma Case No. 19-CR-134-R (“Oklahoma Case”), ECF 46.) Pursuant to the agreement, Petitioner pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine in violation of U.S.C. § 846. According to the agreement, Petitioner’s maximum sentence based upon that offense was 20 years imprisonment. However, the Government agreed to request a three-level downward adjustment of the Sentencing Guidelines. The Government also agreed to dismiss 27 1 The Court takes judicial notice of official court proceedings. See Fed. R.…