United States v. Hugo Yanez

FILED

NOT FOR PUBLICATION

MAY 6 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-36056

Plaintiff-Appellee, D.C. Nos. 6:22-cv-00019-BMM 6:19-cr-00001-BMM- v.

HUGO YANEZ,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding

Argued and Submitted April 26, 2024 Missoula, Montana

Before: MURGUIA, Chief Judge, and S.R. THOMAS and JOHNSTONE, Circuit Judges.

Defendant-Appellant Hugo Yanez appeals the district court’s denial of his

§ 2255 habeas petition to reduce his sentence for conspiracy to distribute

methamphetamine. The district court had jurisdiction under 28 U.S.C. § 2255.

Because the district court’s order was a final order that granted Yanez a certificate

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. of appealability, we have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We

AFFIRM the district…