Moreno

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES OF AMERICA,

Case No. 5:11-cr-00355-EJD-17 Plaintiff, ORDER GRANTING DEFENDANT'S v. SECOND § 2255 MOTION TO VACATE AND CORRECT CONVICTION AND

JOSE ANGEL MORENO, SENTENCE

11 Defendant. Re: Dkt. No. 983

Before the Court is Defendant Jose Angel Moreno’s second 28 U.S.C. § 2255 motion to vacate and correct his conviction and sentence. 28 U.S.C § 2255 Second Motion to Vacate (“Mot.”), Dkt. No. 983. On October 6, 2020, the Government filed its response to Defendant’s motion and requested that the Court resentence Defendant. Government’s Response to 2255 and Request for Plenary Re-Sentencing (“Response”), Dkt. No. 1035. Thereafter, on October 7, 2020, Defendant filed his reply. Reply to Government’s Response to § 2255 Motion and Request for Plenary Resentencing (“Reply”), Dkt. No. 1036. For the…