Toney
Toney v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case Nos. 18-cr-1405-BAS-2; 21-cv-01657-BAS Plaintiff,
v. ORDER DENYING WITHOUT
PREJUDICE DEFENDANT’S
STEPHEN TONEY, SR.,
MOTION TO VACATE SENTENCE
Defendant. UNDER SECTION 2255 (ECF No. 543) 16
On September 24, 2020, the Court sentenced Defendant Stephen Toney, Sr. to seventy-four months of imprisonment for conspiracy to possess with an intent to distribute a controlled substance under 21 U.S.C. §§ 841(a)(1), 846. (ECF No. 496.) In sentencing Mr. Toney, the Court recommended that he “be placed in the [Bureau of Prisons (‘BOP’)] residential drug and alcohol program (‘RDAP’).” (Id.) On September 21, 2021, Mr. Toney filed a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255. (ECF No. 543.) Mr. Toney argues the BOP is discriminating against him because it determined he is not eligible to enroll in the BOP’s 26 27 The Court cites to the Electronic…