United States of America v. Pedro Sera

MURPHY, Circuit Judge.

Pedro Sera, a Mexican national, was sentenced to 70 months after pleading guilty to one count of conspiracy to distribute and possess with intent to distribute 448 grams of methamphetamine, in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846. Sera later filed this petition to vacate, set aside, or modify his sentence under. 28 U.S.C. § 2255. The district court 1 denied the petition but issued a certifícate of ap-pealability on whether Sera’s counsel had been ineffective for not moving for a downward departure on the basis of his willingness to waive resistance to…