Yongda Huang Harris v. United States

I. INTRODUCTION

10 On October 5, 2012, petitioner Yongda Huang Harris was arrested at Los Angeles 11 International Airport (“LAX”) by a United States Customs and Border Protection 12 (“CBP”) agent for willfully delivering hazardous material to an air carrier in violation of 13 49 U.S.C. § 46502(a)(1)(B). Case No. 2:16-CV-5606-CAS, Dkt. 31 (“Habeas Order”) at 14 2. Pursuant to his arrest, and in connection with the charges it planned to bring against 15 Harris, the government seized Harris’s luggage (the “property”). Id. at 3. On November 16 8, 2012, a grand jury indicted Harris for “knowingly and willfully making material false, 17 fictitious, and fraudulent statements on a customs declaration form” in violation of 18 18 U.S.C. § 1001. Case No. 12-CR-01085, Dkt. 18 (“Indictment”). Harris pled guilty on 19 December 17, 2012. Id., Dkt. 28. 20 On June 10, 2013, Harris appealed, challenging both his conviction and his 21 sentence. Case No. 12-CR-01085, Dkt. 86. The Ninth Circuit affirmed both the 22 conviction and the sentence on August 5, 2015. See United States v. Harris, 611 Fed. 23 Appx. 480, 481 (9th Cir. 2015). 24 On July 27, 2016, Harris filed a motion to vacate…