Mendez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case Nos.: 09CR0710-JLS 16CV1491-JLS Plaintiff,

v. ORDER GRANTING DEFENDANT'S

MOTION TO VACATE, SET ASIDE,

MAURICIO MENDEZ (1),

OR CORRECT SENTENCE UNDER

Defendant. 28 USC § 2255 16 17 Presently before the Court is Defendant Mauricio Mendez’s Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (ECF No. 526). The Government has filed a response and opposition to Defendant’s motion and Defendant has filed a reply, supplemental briefing, and a supplemental notice. Having considered these submissions, the applicable legal authority, and the record in this case, the Court will grant Defendant’s motion. BACKGROUND On September 10, 2010, Defendant pled guilty, pursuant to a plea agreement, to two counts of a superseding information. Count 1 of the superseding information charged a conspiracy to conduct enterprise…