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U.S. v. GARCIA

No. 87-6089.

877 F.2d 23 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Anthony GARCIA; aka Karlton Morgan, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum December 15, 1988.

Order and Opinion June 7, 1989.

Attorney(s) appearing for the Case

Steven Anthony Garcia, Pro Per, Lompoc, Cal., for defendant-appellant.

Cynthia Lynne Millsaps, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before GOODWIN, Chief Judge, BARNES and KILKENNY, Senior Circuit Judges.

GOODWIN, Chief Judge:

Steven Garcia, a federal prisoner, appeals the denial of his 28 U.S.C. § 2255 motion to vacate his special parole term. He does not in this proceeding challenge his custodial sentence of 15 years. Garcia contends his special parole term was illegal because (1) the district court failed to specify the count to which the special parole term attached; (2) the special parole term was invalidated by amendment to 21 U.S.C. § 841(b)(1)(A)...

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