Rodriguez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 MICHAEL WALTER RODRIGUEZ, Case No.: 19-cv-1107-GPC 17-cr-00215-GPC Petitioner-Defendant,

v. ORDER DENYING PETITIONER’S

MOTION TO VACATE, SET ASIDE,

UNITED STATES OF AMERICA,

OR CORRECT SENTENCE

Respondent-Plaintiff. PURSUANT TO 28 U.S.C. § 2255

15 [DKT. NO. 59.] 16 Petitioner, Michael Walter Rodriguez, (“Petitioner”) a federal prisoner proceeding pro se, filed a motion to vacate, set aside, or correct his federal sentence pursuant to 28 U.S.C. § 2255, based on a change to his criminal history category resulting from the state court reclassification of two prior convictions. (Dkt. No. 59.) The United States of America (“the Government”) opposes Petitioner’s motion, alleging his motion should be dismissed because it was fully argued in Petitioner’s first § 2255 motion. (Dkt. No. 61.) Alternatively, the Government argues the § 2255 motion should be denied on the merits because the state court reclassification of Petitioner’s…