U.S. v. AVILA-AVILA

No. 97-3102.

132 F.3d 1347 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus AVILA-AVILA, a.k.a. Jesus Avila, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 24, 1997.


Attorney(s) appearing for the Case

Ernest H. Moulos, Wichita, KS, for Defendant-Appellant.

Jackie N. Williams, United States Attorney, and Lanny D. Welch, Assistant United States Attorney, Wichita, KS, for Plaintiff-Appellee.

Before ANDERSON, TACHA, and EBEL, Circuit Judges.


PER CURIAM.

Defendant Jesus Avila appeals from the district court's February 21, 1997 Order denying his motion under 28 U.S.C. § 2255 as "a second motion, as untimely under 28 U.S.C. § 2255 as amended by [the Antiterrorism and Effective Death Penalty Act of 1996,] and as completely without merit."

In 1994, Defendant Avila entered a conditional guilty plea to one count of possession with intent to sell heroin and one count of illegal reentry of a...

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