Serrano-Menoscal

BACKGROUND

16 Movant pleaded guilty pursuant to a plea agreement and was convicted of 17 conspiracy to distribute cocaine intended for unlawful importation in violation of 21 18 U.S.C. § 959, 960 and 963. Movant and his two co-defendants were interdicted while 19 transporting 578 kilograms of cocaine on a 32-foot panga-style vessel in the Eastern 20 Pacific Ocean. According to the PSR, Movant was the pilot of the boat at the time of 21 arrest and refused to slow the boat when ordered by U.S. Coast Guard officers. Instead, 22 Movant increased the speed of the boat and attempted to elude the officers while co- 23 conspirators threw bales of cocaine overboard, requiring officers to fire live ordinance to 24 render the engines inoperable. All three co-conspirators were arrested, charged, and 25 pleaded guilty. Movant was sentenced to 108 months. One co-conspirator received a 26 shorter sentence and one received a longer sentence. Only Movant seeks to collaterally 27 attack his sentence. Movant now asserts claims of ineffective assistance of counsel. 28 LEGAL STANDARD Under section 2255, a movant is entitled to relief if the sentence: (1)…