Cardenas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES OF AMERICA,

Case No. 5:11-cr-00355-EJD-30 Plaintiff, ORDER GRANTING DEFENDANT’S v. 28 U.S.C. § 2255 MOTION TO VACATE AND CORRECT CONVICTION AND

MARIO CARDENAS, SENTENCE

11 Defendant. Re: Dkt. No. 921

Before the Court is Defendant Mario Cardenas’ 28 U.S.C. § 2255 motion to vacate and correct his conviction and sentence. Amended 28 U.S.C. § 2255 Motion to Vacate (“Mot.”), Dkt. 921. On December 9, 2019, the Government filed its response to Defendant’s 2255 petition. Government’s Position Regarding Re-Sentencing (“Govt. Brief”), Dkt. 929. Defendant filed his response to the Government’s position regarding re-sentencing on December 12, 2019. Response to Government’s Position Regarding Resentencing (“Reply”), Dkt. 931. In February 2017, Defendant pled guilty to one count of RICO conspiracy, in…