Ortiz-Luna

INTRODUCTION

18 Pending before the Court is Defendant Francisco Javier Ortiz-Luna (“Defendant”) 19 motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. See Doc. No. 20 145. Plaintiff, the United States of America (“Government”), filed a response in opposition 21 to Defendant’s motion. See Doc. No. 161. Having carefully considered the pleadings in 22 this action and for the reasons set forth below, the Court hereby DENIES Defendant’s 23 motion.

BACKGROUND

25 On April 27, 2016, an eight-count indictment was filed charging Defendant and 4 26 co-defendants as follows: Count one with 21 U.S.C. §§ 952, 960, and 963, conspiracy to 27 import controlled substances; Count two with 21 U.S.C. §§ 841(a)(1) and 846, conspiracy 28 to distribute methamphetamine; Count three with U.S.C. §§ 841(a)(1) and 846, conspiracy to distribute heroin; Count four with 21 U.S.C. §§ 952 and 960, importation of methamphetamine; Count five with 21 U.S.C. § 841(a)(1), possession with intent to distribute methamphetamine; Count Six with 21 U.S.C. §§ 952 and 960, importation of heroin, and 18 U.S.C § 2, aiding and abetting; Count seven with 21…