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Abrego v. United States

United States District Court, D. Hawaii

November 15, 2016

MAINOR ANTONIO ABREGO Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Civil No. 16-00454 HG-KSC

ORDER DENYING PETITIONER MAINOR ANTONIO ABREGO'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255 (ECF NO. 141)

          Helen Gillmor United States District Judge.

         Petitioner Mainor Antonio Abrego has filed a Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255. Petitioner challenges his sentence, claiming that he is entitled to a sentence reduction pursuant to Amendment 782 of the United States Sentencing Guidelines.

         Petitioner's Section 2255 Motion (ECF No. 141) is DENIED.

         PROCEDURAL HISTORY

         On August 1, 2013, the grand jury returned a four-count Indictment charging Petitioner Mainor Antonio Abrego (“Petitioner”) as follows:

         Count 1 for conspiracy to knowingly and intentionally distribute and possess with the intent to distribute fifty grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846;

         Count 2 for distributing fifty grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A);

         Count 3 for distributing fifty grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A); and

         Count 4 for possession with the intent to distribute fifty grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 18 U.S.C. § 2. (ECF No. 10).

         On February 5, 2014, Petitioner pled guilty to Count 1 in the Indictment pursuant to a Plea Agreement. (ECF Nos. 40; 42).

         On December 4, 2014, Petitioner was sentenced to 60 months imprisonment as to Count 1 in the Indictment. (ECF No. 78). The Court granted the Government's motion to dismiss Counts 2, 3, and 4 of the Indictment. The Court also found that Petitioner qualified for the safety valve provision pursuant to U.S.S.G. § 5C1.2. (Id.)

         On December 10, 2014, Judgment was entered as to Petitioner. (ECF No. 81). Petitioner did not appeal his conviction or sentence.

         On August 11, 2016, Petitioner filed a NOTION (sic) TO VACATE[, ] SET ASIDE OR CORRECT A SENTENCE BY PERSON IN FEDERAL CUSTODY UNDER 28 U.S.C. § 2255. (ECF No. 141).

         On August 17, 2016, the Government filed UNITED STATES' MEMORANDUM IN OPPOSITION TO PETITION OF MAINOR ANTONIO ABREGO UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE OR ...


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