Rodriguez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 ALEXANDER FELIX RODRIGUEZ, Civil No.: 16cv02362 JAH Criminal No.: 15cr02499 JAH Petitioner,

v. ORDER DENYING PETITIONER’S

MOTION TO VACATE, SET ASIDE

UNITED STATES OF AMERICA,

OR CORRECT HIS SENTENCE

Respondent. UNDER 28 U.S.C. § 2255 [Doc. No. 27] 15 16 Pending before the Court is Alexander Felix Rodriguez’s pro se motion to vacate and correct his sentence under 28 U.S.C. section 2255. A section 2255 motion may be brought to vacate, set aside or correct a federal sentence on the following grounds: (1) the sentence “was imposed in violation of the Constitution or laws of the United States,” (2) “the court was without jurisdiction to impose such sentence,” (3) “the sentence was in excess of the maximum authorized by law,” or (4) the sentence is “otherwise subject to collateral attack.” 28 U.S.C. § 2255(a). Petitioner argues he is serving an illegal sentence because there is no difference between the residual…