United States v. Jose Concepcion Garcia, (Two Cases)

Good Law
19 F.3d 30
United States Court of Appeals for the Ninth CircuitMarch 2, 199493-35427California568 words

Opinion

Opinion

19 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jose Concepcion GARCIA, Defendant-Appellant. (Two Cases) Nos. 93-35427, 93-35440. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided March 2, 1994. Before: SCHROEDER, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Jose Concepcion Garcia appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion seeking to set aside two concurrent 140-month sentences for two jury convictions involving the distribution of cocaine. This court has jurisdiction pursuant to 28 U.S.C. Sec. 2255 . We review the district court's denial of a Sec. 2255 motion de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and we affirm. 3 Generally, unless there is Supreme Court authority contrary to our decision, "a district court cannot entertain, even in a matter properly before it, a petition by a party which in…

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