Bada

BACKGROUND

23 On June 10, 2010, Petitioner was charged with one count of knowingly and 24 intentionally distributing 3,4-Methylenedioxymethamphetamine (“MDNA”), commonly 25 known as “Ecstasy” resulting in death in violation of Title 21 United States Code sections 26 841(a)(1) and (b)(1)(C) (count 1) and four counts of knowingly and intentionally 27 distributing tablets of Ecstasy in violation of Title 21 United States Code section 841(a)(1) 28 (counts 2-5). On December 17, 2010, Petitioner pled guilty to count 1 of the indictment pursuant to a plea agreement. See Doc. Nos. 23, 28. At the change of plea hearing, Petitioner admitted knowingly and intentionally distributing Ecstasy to the decedent, Laura Yvonne Luna, and admitted the government could prove at trial beyond a reasonable doubt that the decedent died after ingesting the Ecstasy and as a result of using the substance. Court Transcript at 12:8-22 (Doc. No. 44) On May 16, 2011, this Court sentenced Petitioner to 240 months imprisonment followed by three years of supervised release. Judgment (Doc. No. 36). Petitioner filed the instant motion seeking to vacate …