U.S. v. NAVARRO

No. 97-16794.

160 F.3d 1254 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony NAVARRO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 24, 1998.


Attorney(s) appearing for the Case

Thomas E. Flynn, Assistant United States Attorney, Sacramento, California, for the plaintiff-appellant.

Brenda Grantland, Mill Valley, California, for the defendant-appellee.

Before: ARTHUR L. ALARCON, DIARMUID F. O'SCANNLAIN and FERDINAND F. FERNANDEZ, Circuit Judges.


FERNANDEZ, Circuit Judge:

Anthony Navarro pled guilty to possession of cocaine and methamphetamine with intent to distribute, and was sentenced accordingly. See 18 U.S.C. § 841. Thereafter, he commenced this action under 28 U.S.C. § 2255 in which he requested that the district court set aside the judgment and dismiss the indictment. He asserted that Dale E. Kitching, the Special Assistant United States Attorney (SAUSA), who handled proceedings against...

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