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U.S. v. SANDOVAL-LOPEZ

Nos. 96-30249, 96-30250.

122 F.3d 797 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Maria SANDOVAL-LOPEZ, aka Jose Maria Lopez-Sandoval, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Joaquin SANDOVAL-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 8, 1997.

Attorney(s) appearing for the Case

Donald E. Kresse, Jr., Assistant United States Attorney, Yakima, WA, for Plaintiff-Appellee.

Gregory Scott, Yakima, WA, for Defendant-Appellant Jose Maria Sandoval-Lopez.

Jerry D. Talbott, McArdle, Dohn, Talbott, Simpson & Gibson, Yakima, WA, for Defendant-Appellant Joaquin Sandoval-Lopez.

Before: WRIGHT, REINHARDT, and THOMAS, Circuit Judges.

REINHARDT, Circuit Judge:

This case involves nothing more than a simple, albeit novel, question of contract law: Did the defendants repudiate or breach their plea agreements in collaterally attacking their convictions when, because of a change in the law, the conduct to which they pled guilty was no longer a crime? We conclude that they did not, and therefore reverse.

I. Background

Defendants Jose Maria Sandoval-Lopez and Joaquin Sandoval-Lopez were...

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