Banks

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 UNITED STATES OF AMERICA, Case No.: 18cr1228-BEN 22cv1133-BEN Respondent,

v.

ORDER DENYING MOTION TO

ELISHAY BANKS,

VACATE, SET ASIDE, OR

Movant. CORRECT A SENTENCE 14 I. BACKGROUND Movant Elishay Banks filed a motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255. Having reviewed the motion, the Court finds that no hearing is necessary, the motion is denied, and a certificate of appealability is denied. After a jury trial, Banks was found guilty of violating 21 U.S.C. §§ 952 and 960 by attempting to drive a car packed with 19.26 kilograms of 99% pure methamphetamine wrapped in 46 packages and hid inside the body of the car. The Pre-Sentence Report calculated a Sentencing Guideline range of 292 to 365 months. She was sentenced to 90 months in prison for counts 1 and 2, and 60 months to run concurrently with counts 1 and 2 for count 3. The conviction and sentence were…