Antonio

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case No.: 13cr1128(17) BEN

Plaintiff,

ORDER DENYING MOTION TO

v. VACATE, SET ASIDE, OR

CORRECT A SENTENCE

JOSE ANTONIO,

PURSUANT TO 28 U.S.C. § 2255

Defendant. [Dkt. No. 1058]

17 Defendant, proceeding pro se, filed a motion to vacate, set aside, or correct a 18 sentence pursuant to 28 U.S.C. § 2255. On May 26, 2021, the motion was filed nunc pro 19 tunc to the date it was received by the Clerk of Court on February 2, 2021. 20 On March 3, 2014, the Court sentenced Defendant Jose Antonio, who was part of a 21 22-defendant case, to 110 months in custody. No appeal was filed. 22 On December 18, 2018, a letter from the United States Bureau of Prisons was filed 23 indicating that Antonio was serving a state sentence of eight years imprisonment. The 24 United States Bureau of Prisons asked the Court to indicate whether it intended the 25 federal sentence to run concurrently or consecutively. 26 On May 6, 2019, a hearing was held,…