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UNITED STATES v. MENDOZA

No. 76-4273 Summary Calendar.

554 F.2d 758 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Santiago MENDOZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 24, 1977.

Attorney(s) appearing for the Case

Diana Cisneros, McAllen, Tex., Van A. Hutchins, Alamo, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., Mary L. Sinderson, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., John P. Smith, Asst. U. S. Atty., Brownsville, Tex., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.

PER CURIAM:

Santiago Mendoza pled guilty to possessing marijuana with intent to distribute it. Months later, after sentencing, he moved to withdraw the plea and requested a hearing on the motion. The District Court denied his request for a hearing.

Mendoza then filed a "notice of appeal" which purports to appeal from the "judgment . . . denying defendant's motion for withdrawal of entry of plea of guilty . . ." The District Court has not ruled on the merits...

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