Machin

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case No.: 17cr2347-CAB; 19cv2190-

CAB

Plaintiff,

v. ORDER ON MOTION TO VACATE,

SET ASIDE OR CORRECT

JESUS MACHIN,

SENTENCE

Defendant. [Doc. No. 56, Doc. No. 1] 16 On April 19, 2019, the petitioner Jesus Machin was sentenced to 120 months of custody, a mandatory minimum sentence, for a violation of 21 U.S.C. §§ 952, 960, after pleading guilty to the importation of 18.56 kilograms of methamphetamine in Case No. 17cr2347-CAB. [See 17cr2347, Doc. Nos. 22, 55, 61-1.] It is undisputed that the petitioner had a prior 2005 felony conviction for importation of methamphetamine for which he received a 57-month sentence. [See 05cr1331-J, Doc. No. 20.] The petitioner’s prior conviction scored 3 points under the sentencing guidelines, making him ineligible for “safety valve” relief from the statutory mandatory minimum applicable to his sentence in 17cr2347. See 21 U.S.C ¶…