United States v. Amador Mendoza

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 4 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-35364

Plaintiff-Appellee, D.C. No. 2:11-cr-00181-WFN-14 v.

AMADOR SANCHEZ MENDOZA, AKA MEMORANDUM*

Amador Sanchez,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding

Argued and Submitted April 14, 2023 Seattle, Washington

Before: McKEOWN and DESAI, Circuit Judges, and SILVER,** District Judge.

Amador Sanchez Mendoza appeals the district court’s denial of his motion

to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255, arguing

that under United States v. Tucker, 404 U.S. 443 (1972), the sentencing judge

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Roslyn O. Silver, United States District Judge for the District of Arizona, sitting by designation. improperly considered prior convictions…