United States v. Pecina

ORDER

MAHON, District Judge.

Defendant Jose Louis Pecina has moved, pursuant to 28 U.S.C. § 2255, to vacate, set aside or correct his sentence. For the following reasons, the Court grants the motion and schedules the case for resentencing.

I. BACKGROUND

Pecina was convicted by a jury on four counts: (1) distribution of cocaine, (2) possession with intent to distribute cocaine, (3) conspiracy to commit the foregoing offenses, and (4) using and carrying a firearm in relation to a drug trafficking crime. In March 1992, the Court sentenced him to a term of imprisonment of 270 months, consisting of…