United States v. Sergio Alfredo Renteria, Aka: Alfredo Renteria Aka: Sergio Montoya
Opinion
Opinion
97 F.3d 1462 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sergio Alfredo RENTERIA, aka: Alfredo Renteria; aka: Sergio Montoya, Defendant-Appellant. No. 96-50023. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1996. * Decided Sept. 12, 1996. Before: FLETCHER, BRUNETTI and JOHN T. NOONAN, Jr., Circuit Judges. MEMORANDUM ** Sergio Renteria, a former federal prisoner, appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence following his guilty plea conviction for possession of a firearm in a school zone in violation of 18 U.S.C. § 922 (q). We have jurisdiction pursuant to 28 U.S.C. § 2255 . We review de novo, Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994), and reverse and remand. The district court terminated Renteria's supervised release in light of United States v. Lopez, 115 S.Ct. 1624 (1995) (holding 18 U.S.C. § 922 (q) unconstitutional),…