Martinez

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, ) Case No. 20cr1668-LAB ) Civ. 23-cv-00207-LAB 5 ) Plaintiff/Respondent, ) Order Granting Amended Motion vs. ) for Habeas Relief Pursuant to 28 7 ) U.S.C. § 2255 [Dkt. 59] )

LUIS MARTINEZ, )

9 ) Defendant/Petitioner. ) 11 Before the Court is Defendant’s Amended Motion for Relief pursuant to 28 12 U.S.C. § 2255 [Dkt. 59] requesting the Court to set aside his sentence of 120 months and 13 conduct a resentencing hearing. In consideration of this, the Court makes the following 14 factual findings: 15 On June 18, 2020, an indictment was filed by the Government charging the 16 defendant, Luis Martinez, with four counts of importation of controlled substances, 17 specifically, 3.42 kilograms of fentanyl, 7.98 kilograms of cocaine, 5.49 kilograms of 18 heroin, and 857 grams (actual) of methamphetamine, all in violation of 21 U.S.C. §§ 19 952, 960. [Dkt 5]. On August 24, appearing before Magistrate Judge Butcher, Mr. 20…