Rossetto

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

7 UNITED STATES OF AMERICA, Case No: 3:06-cr-01435-DMS-

Plaintiff,

ORDER GRANTING MOTION TO

v.

VACATE, SET ASIDE, OR CORRECT

LEON ROSSETTO, SENTENCE UNDER 28 U.S.C. § 2255

Defendant.

14 This case returns to the Court on Defendant Leon Rossetto’s pro se motion to vacate, 15 set aside or correct his sentence pursuant to 28 U.S.C. § 2255. For the reasons set out below, 16 the motion is granted. 17 On March 11, 2008, Defendant pled guilty to one count of conspiracy to commit a 18 violent crime in aid of racketeering (“VICAR”) in violation of 18 U.S.C. §1959(a), and one 19 count of carrying a firearm during the commission of a crime of violence in violation of 18 20 U.S.C. § 924(c)(1)(A)(i). (ECF Nos. 78, 80.) On August 22, 2008, Defendant was 21 sentenced to a total of 180 months’ incarceration. (ECF Nos. 99, 102, 118.) 22 On May 22, 2018, Defendant filed the present motion to vacate his conviction for 23 violating 18 U.S.C. § 924(c), arguing his § 1959(a) conviction does not qualify as a 24 predicate “crime of…