Mendoza
Mendoza v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
13 UNITED STATES OF AMERICA, Case No. 21-cr-03544-BAS-1 Case No. 23-cv-01853-BAS Plaintiff, ORDER DENYING
DEFENDANT’S MOTION TO
v.
VACATE, SET ASIDE, OR
HECTOR ELISEO MENDOZA, CORRECT SENTENCE UNDER 28 U.S.C. § 2255 (ECF No. 62) Defendant.
19 20 Presently before the Court is Defendant Hector Eliseo Mendoza’s Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255. (Mot., ECF No. 62.) The Government opposes. (ECF No. 64.) Contrary to the representations in Defendant’s § 2255 Motion, Defendant did not have a trial in his case. Instead, on June 6, 2022, he pled guilty to entering the United States illegally after deportation in violation of 8 U.S.C. § 1326. (ECF No. 33.) The Court sentenced Defendant to thirty-seven months in custody. (ECF No. who told him he would only be sentenced to eighteen months in custody; (2) the Court inappropriately relied on old…