Valencia

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7

UNITED STATES OF AMERICA,

8 Case No. 5:15-cr-00481-EJD Plaintiff, 9 ORDER DENYING DEFENDANT’S 28 v. U.S.C. § 2255 MOTION TO VACATE, 10 SET ASIDE, OR CORRECT

BALDEMAR VALENCIA, SENTENCE

11 Defendant. Re: Dkt. No. 211 12

13 Before the Court is Defendant Valencia’s motion to set aside, vacate, or correct his 14 sentence pursuant to 28 U.S.C. § 2255. (“Mot.”), Dkt. 211. Defendant argues for a reduction to 15 his sentence because he allegedly received ineffective assistance of counsel. Specifically, 16 Defendant argues that his counsel failed to request (1) a 2-level reduction under the U.S. 17 Sentencing Guidelines’ “safety valve” provisions and (2) a 2-level reduction for being a “minor 18 participant.” On May 8, 2018, the Government filed a response to Defendant’s motion. United 19 States’ Response to Def.’s Motion (“Response”), Dkt. 272.…