United States v. Olmos-Esparza

ORDER DENYING PETITIONER’S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE

RHOADES, District Judge.

I. Overview

Petitioner Emigdio Olmos-Esparza has filed this Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255. For the reasons stated below, the Motion is denied.

II. Background

On February 2, 1992 federal agents at the United States Border Control checkpoint in Temecula inspected Petitioner’s vehicle. They discovered five bags, each of which contained a controlled substance. One bag contained 6.041 grams of a substance containing methamphetamine. Another contained 72.3…