Racich

AMENDED ORDER DENYING PETITIONER’S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE

I. Overview

Petitioner John M. Racich has filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 . For the reasons stated below, the Court denied the motion in an order dated August 26, 1998. The Court now amends the original order, nunc pro tune, in order to correct several citation errors.

II. Background

A. Factual Background

The facts of this case began in Mexico. On the night of November 3, 1992, a Mexican police officer named Javier Ojeda stopped Petitioner. The officer observed that Petitioner was wearing an empty holster. The officer searched Petitioner’s truck and found a Glock 10 millimeter pistol underneath the seat.

Petitioner’s troubles increased when two other Mexican police officers arrived, one of whom toted a submachine gun. At some point, the subject of a mordida (bribe) arose, and Petitioner gave the officers $1480 to secure his release. The officers released Petitioner, but refused to return his gun until Petitioner went to the United States, got more money, and gave the money to the officers.

At approximately 6:50 a.m. on November 4, 1992,…