Alvarez-Ramirez
United States v. Alvarez-Ramirez
Opinion
Opinion
Real, J.
Petitioner Oscar Alvarez-Ramirez moves to vacate, set aside or correct his sentence, pursuant to 28 U.S.C. § 2255 . The Court has read and considered the papers filed in connection with this matter and, having determined the issues, now denies the motion for the reasons set forth below.
I. Factual and Procedural Background
The circumstances leading to the present motion arise from Petitioner’s involvement in a conspiracy to possess and to distribute cocaine from Southern California to New York by jet aircraft.
On September 20, 1994, Petitioner was indicted along with five co-defendants for conspiracy to possess with intent to distribute and to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. The indictment lists as overt acts committed in furtherance of the conspiracy: (1) the transporting of 294 kilograms of cocaine by pickup truck to the Bermuda Dunes Airport near Palm Springs, California; and (2) the loading of approximately 294 kilograms of cocaine into a jet aircraft.
On February 13,1995, Petitioner executed a plea agreement and entered his plea of guilty to…