U.S. v. GATTAS

No. 87-2193.

862 F.2d 1432 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Ken GATTAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 12, 1988.


Attorney(s) appearing for the Case

Alan Ellis, Philadelphia, Pa. (Peter Goldberger, Philadelphia, Pa., and Randi McGinn, Albuquerque, N.M., with him on the briefs), for defendant-appellant.

David N. Williams, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

This is an appeal from an order by the United States District Court for the District of New Mexico denying petitioner's motion to have his sentence vacated pursuant to 28 U.S.C. § 2255.

In 1985, the district court convicted petitioner, Ken Gattas, of conspiracy to possess cocaine with intent to distribute, on his plea of guilty. Before sentencing, petitioner's trial counsel objected to certain statements in the Presentence Investigation...

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