United States v. Garcia

ORDER GRANTING MOTION TO VACATE SENTENCE

Re: ECF No. 58

JON S. TIGAR, United States District Judge

Before the Court is Defendant Heri Garcia’s motion to vacate sentence pursuant to 28 U.S.C. § 2255. ECF No. 58. On July 13, 2016, the Court granted Defendant’s motion, ECF No. 73, and scheduled a re-sentencing hearing for August 26, 2016, ECF No. 74. This order sets forth the reasoning underlying the Court’s July 13, 2016 order granting Defendant’s motion.

I. BACKGROUND

On September 12, 2013, Defendant was charged by indictment with one count of violation of 18 U.S.C. § 922(g)(1) (felon in possession…