Mateo v. United States

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

Petitioner Felix Mateo brings a challenge under 28 U.S.C. § 2255 (2003) to his sentence for drug trafficking. In calculating Mateo’s sentence, the Court increased his criminal history category because Ma-teo had been on state-court probation— and subject to a probation violation warrant — at the time of the federal offenses. Mateo argues that his sentence must now be revised, because after sentencing Mateo obtained a state court order terminating his state probation nunc pro tunc to a time prior to the federal offenses. Deciding an issue…