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U.S. v. MENDOZA

No. Cr. S-94-294 WBS.

957 F.Supp. 1155 (1997)

UNITED STATES of America, Plaintiff, v. Eduardo MENDOZA; Emiliano Tapia Avina; Jose Agustin Castillo; Jose Manuel Cerpas Valencia; Sandra Perez, Richard Galicia; Manuel Belmonte Bucio, Defendants.

United States District Court, E.D. California.

January 2, 1997.

Attorney(s) appearing for the Case

Mary M. French, Federal Defender, Sacramento, CA, for Eduardo Mendoza.

Clifford Earl Tedmon, Law Offices of Clifford Earl Tedmon, Roseville, CA, for Jose Agustin Castillo.

Frank G. Prantil, Law Offices of Frank G. Prantil, Sacramento, CA, for Richard Galicia.

Robert J. Beles, Robert J. Beles Law Offices, Oakland, CA, for Manuel Belmone Bucio.

MEMORANDUM AND ORDER

SHUBB, District Judge.

Thirteen months after the jury returned guilty verdicts against the defendants (but prior to sentencing), defendants move to dismiss or vacate their convictions. They contend defects in the appointment of the Special Assistant United States Attorney who tried the case deprive the court of jurisdiction and render the convictions a nullity. For the reasons discussed below, the motion is denied.

I...

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