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U.S. v. GUTIERREZ

No. 96-50274.

116 F.3d 412 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Felix GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1997.

Attorney(s) appearing for the Case

Lauren T. Nguyen, Assistant United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Rebecca Donaldson, Banning, CA, for Defendant-Appellant.

Before: FLETCHER and PREGERSON, Circuit Judges, and WEXLER, District Judge.

PREGERSON, Circuit Judge:

Appellant Jesus Felix Gutierrez pled guilty to one count of conducting a continuing criminal enterprise, in violation of 21 U.S.C. § 848. The district court sentenced Gutierrez to fifteen years of imprisonment. Gutierrez did not appeal this sentence. Gutierrez then filed a motion to correct his sentence under 28 U.S.C. § 2255, which the district court denied. Gutierrez then filed the present motion for declaratory relief, under...

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