Valencia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES OF AMERICA,

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

BALDEMAR VALENCIA, SENTENCE

11 Defendant. Re: Dkt. No. 211

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