Daly

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case Nos.: 90CR0701-JLS 16CV1618-JLS Plaintiff,

v. ORDER: 1) GRANTING DEFENDANT’S MOTION JAMES SCOTT DALY, UNDER 28 U.S.C. § 2255; 2) VACATING SENTENCE; and Defendant. 3) SETTING RESENTENCING HEARING 16 17 Presently before the Court is Defendant’s Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (ECF No. 132). Plaintiff has filed a response conceding that after Johnson v. United States, 135 S.Ct. 2551 (2015), Defendant is no longer subject to the enhanced penalties under which he was originally sentenced in 1996. Although Plaintiff contends that the question of whether Defendant receives a lower sentence is academic at this point, it agrees that as a technical matter, Defendant should be resentenced. Accordingly, the Court HEREBY GRANTS Defendant’s Motion Under Section 28 U.S.C. § 2255 and VACATES Defendant’s sentence. IT IS…