Avalos

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JUAN FLORES AVALOS, Case No.: 17-cv-1269-BEN 16-cr-14-BEN Movant,

v. ORDER DENYING MOTION TO

VACATE, SET ASIDE, OR

UNITED STATES OF AMERICA,

CORRECT A SENTENCE UNDER

Respondent. 28 U.S.C. § 2255 11 Movant Juan Flores Avalos filed a Motion to Vacate, Set Aside, or Correct a Sentence pursuant to 28 U.S.C. § 2255. Respondent, the United States opposes the motion. For the reasons set forth below, the Court denies the motion. BACKGROUND In 2016, Avalos was convicted of smuggling drugs in violation of 21 U.S.C. section 952 and 960. After granting departures for minor role and safety-valve, he was sentenced to 46 months. As part of his plea agreement and during the sentencing, Avalos waived his right to appeal or collaterally attack his sentence. Even so, he filed the instant motion for collateral relief under § 2255. Under § 2255, a movant is entitled to relief if the…