Mario Alberto Diaz De Leon v. United States

996 F.2d 1224 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mario Alberto DIAZ de LEON, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant No. 92-16312. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided June 29, 1993. 1 Before: BROWNING and CANBY, Circuit Judges and KELLEHER ** , Senior District Judge. 2 MEMORANDUM *** 3 The United States appeals the district court's judgment granting Mario Alberto Diaz de Leon's motion under 28 U.S.C. § 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and we affirm. 4 In August 1990, a jury convicted Diaz de Leon of importing marijuana from Mexico into the United States, and possessing marijuana with intent to distribute. This court affirmed the convictions and sentence. United States v. Diaz de Leon, No. 90-10571, unpublished disposition (9th Cir. Feb. 27, 1992). In March 1992, Diaz de Leon filed a section 2255 motion to vacate his sentence…