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UNITED STATES v. AKMAKJIAN

No. 80-1677.

647 F.2d 12 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis AKMAKJIAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1981.

Attorney(s) appearing for the Case

Marti Ann Draper, Roquemore, Pringle & Moore, Inc., Los Angeles, Cal., for defendant-appellant.

William F. Fahey, Asst. U. S. Atty., Los Angeles, Cal., argued for plaintiff-appellee; Katherine M. Quadros, Asst. U. S. Atty., Los Angeles, Cal., on brief.

Before ELY, PREGERSON, and NELSON, Circuit Judges.

PER CURIAM:

Akmakjian appeals the denial of his petition under 28 U.S.C. § 2255 requesting that his guilty plea be vacated on the ground that the indictment was barred by the statute of limitations. In denying the petition, the district court held that the alleged defense of untimeliness was nonjurisdictional and had been expressly waived by Akmakjian when he entered his plea of guilty. We affirm.

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