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U.S. v. MENDOZA

No. 96-6314.

118 F.3d 707 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. J. Leonel MENDOZA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 7, 1997.

Attorney(s) appearing for the Case

Patrick M. Ryan, United States Attorney, M. Jay Farber and Joe Heaton, Assistant U.S. Attorneys, Oklahoma City, OK, for Plaintiff-Appellee.

Teresa Brown, Assistant Federal Public Defender, Oklahoma City, OK, for Defendant-Appellant.

Before EBEL, HENRY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

The issue presented by this appeal is whether the district court, following the vacatur of a conviction for using a firearm during the course of a drug offense, see 18 U.S.C. § 924(c), in a 28 U.S.C. § 2255 proceeding, has jurisdiction to resentence the defendant on remaining related convictions. We hold the district court has such authority.1

Defendant pleaded guilty to conspiring to possess...

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