GARCIA v. U.S.

Docket No. 00-2535.

278 F.3d 134 (2002)

Bienvenido GARCIA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 28, 2002.


Attorney(s) appearing for the Case

Randolph Z. Volkell, North Bellmore, NY, for Petitioner-Appellant.

Dan Himmelfarb, Assistant United States Attorney, Mary Jo White, United States Attorney, Southern District of New York; Meir Feder, Assistant United States Attorney, on the brief, New York, NY, for Respondent-Appellee.

Before WALKER, Chief Judge, MESKILL, Circuit Judge, and KOELTL, District Judge.


KOELTL, District Judge.

Bienvenido Garcia appeals from the district court's denial of his pro se motion, pursuant to 28 U.S.C. § 2255, to set aside or correct his sentence.

BACKGROUND

On September 25, 1998, pursuant to a plea agreement with the Government, Garcia pleaded guilty to a single count of conspiring to distribute and to possess with intent to distribute at least 100 grams of heroin. In the plea agreement, the parties noted their...

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