U.S. v. Zuniga

Full title: UNITED STATES OF AMERICA, Plaintiff, v. MAYRA GUTTIERREZ ZUNIGA, Defendant

Court: United States District Court, E.D. Washington

Date published: Jul 19, 2011

NO. CR-09-075-LRS-6 (E.D. Wash. Jul. 19, 2011)

Opinion

NO. CR-09-075-LRS-6.

July 19, 2011

ORDER GRANTING 28 U.S.C. § 2255 PETITION

LONNY SUKO, Magistrate Judge

BEFORE THE COURT is Defendant's 28 U.S.C. § 2255 Petition For Relief Under 28 U.S.C. § 2255 (ECF No. 657). A hearing was held on July 19, 2011. Defendant was present in person, along with her counsel, Jeffry K. Finer, Esq. Aine Ahmed, Esq., participated telephonically.

For the reasons stated by the court during the hearing, including the fact the Government does not oppose granting the relief requested, the court finds Defendant's petition is timely and her sentence was imposed in violation of the Constitution of the United States. Accordingly, Defendant's Petition (ECF No. 657) is GRANTED. The Amended Judgment (ECF No. 529) filed June 25, 2010 is hereby VACATED and the Defendant will be re-sentenced and a new Judgment entered. IT IS SO ORDERED. The District Court Executive is directed to enter this order and to provide a copy to Defendant's counsel.