United States v. Cruz

BRISCOE, Chief Judge.

Defendant Raul Cruz was convicted by a jury of knowingly and intentionally pos sessing with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 18 U.S.C. § 2, and sentenced to a term of imprisonment of 63 months. Cruz’s conviction and sentence were affirmed on direct appeal. United States v. Cruz, 680 F.3d 1261, 1262 (10th Cir.2012) (Cruz I). Cruz subsequently filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, alleging, in pertinent part, that his trial counsel was ineffective for failing to move…