Daly v. United States ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Case Nos.: 90CR0701-JLS 16CV1618-JLS 12 Plaintiff, 13 v. ORDER: 1) GRANTING DEFENDANT’S MOTION 14 JAMES SCOTT DALY, UNDER 28 U.S.C. § 2255; 2) VACATING SENTENCE; and 15 Defendant. 3) SETTING RESENTENCING HEARING 16 17 18 Presently before the Court is Defendant’s Motion to Vacate, Set Aside, or Correct 19 Sentence Under 28 U.S.C. § 2255 (ECF No. 132). Plaintiff has filed a response 20 conceding that after Johnson v. United States, 135 S.Ct. 2551 (2015), Defendant is no 21 longer subject to the enhanced penalties under which he was originally sentenced in 22 1996. Although Plaintiff contends that the question of whether Defendant receives a 23 lower sentence is academic at this point, it agrees that as a technical matter, Defendant 24 should be resentenced. 25 Accordingly, the Court HEREBY GRANTS Defendant’s Motion Under Section 28 26 U.S.C. § 2255 and VACATES Defendant’s sentence. IT IS FURTHER ORDERED that 27 / / / 28 1 ||a Resentencing Hearing shall be held before this Court on Friday, March 20, 2020 at 2 ||9:00 am. The Clerk’s Office shall close case number 16CV1618-JLS and enter 3 || judgment accordingly. 4 IT IS SO ORDERED. 5 Dated: January 28, 2020 . tt f Le 6 on. Janis L. Sammartino 4 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28