Reyes-Silva

I. INTRODUCTION

20 On May 1, 2017, Petitioner Ivan Alejandro Reyes-Silva (“Petitioner”) filed a petition 21 to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. (“Pet.”, ECF No. 22 36). Respondent United States of America (“Respondent”) filed a Response in Opposition 23 to Petitioner’s motion on June 30, 2017. (“Opp’n”, ECF No. 39). Petitioner failed to file 24 a Reply in support of his petition. For the reasons set forth below, the Court denies 25 Petitioner’s petition to vacate, set aside, or correct his sentence. 26 /// 27 /// 28 II. FACTUAL BACKGROUND On January 22, 2016, Petitioner, with the advice and consent of counsel, signed a plea agreement wherein he admitted to “knowingly and voluntarily reentering and remaining in the United States” after having been previously deported, in violation of 8 U.S.C. § 1326. (“Plea Agreement”, ECF No. 25 at 3). On February 2, 2016, a change of plea hearing was held before the Honorable Barbara Major, United States Magistrate Judge, wherein Petitioner was found to have entered the plea knowingly and voluntarily, not resulting from threats or force. …