Ybara

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 13 JUAN YBARRA, Case No.: 18-cv-1825-BEN 13-cr-4515(1)-BEN Movant,

v. ORDER UNITED STATES OF AMERICA, Respondent. 19 Movant has filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. The motion is denied. BACKGROUND On September 9, 2014, Juan Ybarra pled guilty to conspiring to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and 846. In his plea agreement, he agreed to waive “to the full extent of the law, any right to appeal or to collaterally attack the conviction and sentence, including any restitution order.” Plea Agmt. § XI. Nearly four years later, on August 3, 2018, Ybarra filed the instant motion, seeking to collaterally attack and vacate his conviction and sentence. Ybarra contends that despite only pleading guilty to conspiracy to distribute methamphetamine, his conviction and sentence…