United States v. Gallo-Lopez

MEMORANDUM, DECISION & ORDER

MeAVOY, Chief Judge.

Petitioner filed a petition to correct his sentence pursuant to 28 U.S.C. § 2255, asserting the following three grounds for relief: (1) as a deportable alien, he is entitled to a downward departure from the Sentencing Guidelines; (2) as a minimal participant, he is entitled to an additional two-point reduction in his base offense level; and (3) he received ineffective assistance of counsel. The Court denies the Petition.

I. Background

On July 3,1994, a jury convicted petitioner on one count of conspiracy to distribute and possess with intent to…