Montoya

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case No.: 20cr2914-CAB; 23cv1860-

CAB

Plaintiff,

v. ORDER DENYING DEFENDANT’S

MOTION UNDER 28 U.S.C.

CYNTHIA LEON MONTOYA,

SECTION 2255 TO VACATE, SET

Defendant. ASIDE, OR CORRECT SENTENCE

BY A PERSON IN FEDERAL

CUSTODY

[DOC. NO. 79]

18 Before the Court is Defendant Cynthia Leon Montoya’s Motion Under 28 U.S.C. 19 Section 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody 20 (“motion to vacate”). [Doc. No. 79.] For the reasons set forth below, the motion is

DENIED.

FACTUAL BACKGROUND

23 On March 10, 2021, Defendant pled guilty to importation of methamphetamine and 24 importation of cocaine, in violation of 21 U.S.C. § 952 and 960. [Doc. No. 34.] Through 25 her plea agreement, Defendant agreed that she imported 4.40 kilograms of cocaine on her 26 person, and 5.02 kilograms of methamphetamine body-carried by her 15-year-old minor…