Acosta v. United States

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 UNITED STATES OF AMERICA, Case No.: 2:17-cr-00118-APG 4 Plaintiff ORDER DENYING MOTION TO VACATE 5 v. [ECF No. 34] 6 ROGER ACOSTA, 7 Defendant 8 Defendant Roger Acosta pleaded guilty to being a felon in possession of a firearm in 9 violation of

18 U.S.C. §§ 922(g)(1) and 924(a)(2). He moves under

28 U.S.C. § 2255

to vacate 10 his conviction and sentence. ECF No. 34. He argues that, based on the Supreme Court’s holding 11 in Rehaif v. United States,

139 S. Ct. 2191

(2019), his indictment was fatally defective because 12 the government failed to…