Arredondo-Quevedo

Arredondo-Quevedo v. United States

Good Law
United States District Court, Southern District of CaliforniaDecember 11, 20193:19-cv-01609California552 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 JUAN CARLOS ARREDONDO- CASE NOS. 18cr2292-LAB 11 QUEVEDO, 19cv1609-LAB Petitioner,

ORDER GRANTING PETITION FOR

vs. RESENTENCING [Dkt. 29]

UNITED STATES OF AMERICA,

Respondent.

Juan Carlos Arredondo-Quevedo has filed a timely Petition for Resentencing under 28 U.S.C. § 2255. Arredondo-Quevedo argues, and the United States agrees, that the 96-month sentence imposed by this Court in 2018 was plain error because the Sentencing Guidelines range used by the Court was based on three California convictions from the 1990s that should not have “scored.” Because Arredondo-Quevedo’s period of incarceration for those offenses ran concurrently and ended in 2000, these convictions did not “result[ ] in the defendant being incarcerated during any part of [the] fifteen-year period” preceding his April 25, 2018 arrest for his current offense, violation of 8 U.S.C. § 1326. See Sentencing…

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