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U.S. v. ESPINOZA

No. 86-5565.

841 F.2d 326 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben W. ESPINOZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1988.

Attorney(s) appearing for the Case

Rubin W. Espinoza, San Pedro, Cal., Frank Di Sabatino, Van Nuys, Cal., for defendant-appellant.

Brian J. Hennigan, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CANBY and WIGGINS, Circuit Judges, and LOVELL, District Judge.

LOVELL, District Judge:

Ruben Espinoza, a federal prisoner, appeals the denial of his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255.

FACTS

On December 18, 1981, appellant was arrested for bank robbery and a federal detainer was lodged against him. At the time of his arrest, appellant was on outpatient release status from the California Rehabilitation Center and had another state charge pending against him. The...

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