United States v. Marco Anthony Rzeslawski, (Two Cases)

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marco Anthony RZESLAWSKI, Defendant-Appellant. (Two Cases) Nos. 95-56469, 95-56480. United States Court of Appeals, Ninth Circuit. Submitted Nov. 8, 1996. * Decided Nov. 18, 1996. 1 Before: BROWNING, THOMPSON, and THOMAS, Circuit Judges 2 MEMORANDUM ** 3 The district court's denial of Marco Anthony Rzeslawski's motion under § 2255 is affirmed. 4 The appeal is timely. Rzeslawski's motion for reconsideration was filed within 10 days after his § 2255 motion was denied and therefore tolled the time for appeal. See Federal Rule of Appellate Procedure 4(a). 5 We need not decide whether Rzeslawski's claims are procedurally barred. In any event they are without merit. 6 The district court did not participate in the plea negotiations in violation of Federal Rule of Criminal Procedure 11(e)(1). Considering the colloquy between the court and counsel as a whole, it…