Roman

I. BACKGROUND

24 A. Factual Background 25 26 1 All ECF citations in this Order are to Case No. 18-CV-02501 unless otherwise noted. 1 Case No. 18-CV-02501-LHK 1. The Indictment and Petitioner’s Plea Agreement 1 On May 14, 2015, a federal grand jury returned a three-count indictment (“Indictment”) 2 charging Petitioner and ten other individuals with conspiracy to traffic in counterfeit goods, in 3 violation of 18 U.S.C. § 2320(a) (Count I); conspiracy to commit criminal copyright infringement, 4 in violation of 18 U.S.C. § 371 (Count II), and conspiracy to introduce misbranded food into 5 interstate commerce, in violation of 18 U.S.C. § 371 (Count III). ECF No. 4-1 (“Indictment”), at 6 5–10. Specifically, the Indictment charged Petitioner and ten other individuals with a scheme to 7 illegally repackage and counterfeit 5-Hour ENERGY dietary supplements. Id. 8 On May 10, 2016, the Court found that Counts II and III were “multiplicitous of each 9 other.” United States v. Shayota, Case No. 5:15-CR-00264-LHK-8, Dkt. No. 144, at 6 (N.D. Cal. 10 May 10, 2016). Accordingly, Petitioner and his co-defendants agreed to waive the Indictment and 11…