Magdaleno

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA Case No.: 18cr458-LAB and 20cv1225-LAB Plaintiff,

v. ORDER DENYING MOTION

UNDER 28 U.S.C. § 2255

JOSE MAGDALENO

Defendant. 16 17 Defendant Jose Magdaleno pled guilty to possession of a firearm in connection with a drug trafficking crime. All other counts, including the predicate crime of possession of methamphetamine with intent to distribute, were dismissed. On August 15, 2018, the Court sentenced him to months’ imprisonment, followed by five years’ supervised release. By a motion under U.S.C. § 2255, Magdaleno now challenges his conviction, arguing that United States v. Davis, 139 S. Ct. 2319 (2019) applies retroactively. The Ninth Circuit has never held that Davis applies retroactively, though other circuits have. See Summerise v. United States, 2020 WL 3257390, slip op. at * (E.D. Cal., June 16, 2020) (citing cases). The…