Grado
Grado v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MIGUEL GRADO, Case Nos.: 20-cv-1442-GPC; 12-cr-0236-GPC Petitioner,
v. JUDGMENT AND ORDER
DENYING DEFENDANT’S MOTION
UNITED STATES OF AMERICA,
TO VACATE, SET ASIDE, OR
Respondent. CORRECT SENTENCE
16 [ECF No. 1] 17 INTRODUCTION On July 8, 2020, Petitioner Miguel Grado, proceeding pro se, filed a second petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (“Petition”). Petition, ECF No. 1. According to Petitioner, his conviction and sentence are now invalid based on a recent Supreme Court decision that ruled the statute underlying Petitioner’s conviction and sentence to be unconstitutionally void for vagueness. United States v. Davis, 139 S. Ct. 2319, 2335–36 (2019). On September 19, 2020, the Government filed a Response claiming the Petition should be denied because (1) Petitioner’s conviction is not affected by Davis, and (2)…