U.S. v. ALVAREZ-TAUTIMEZ

No. 97-16763.

160 F.3d 573 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Filiberto ALVAREZ-TAUTIMEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1998.


Attorney(s) appearing for the Case

Heather E. Williams, Assistant Federal Public Defender, Tucson, Arizona, for defendant-appellant.

Christina M. Cabanillas, Assistant United States Attorney, Tucson, Arizona, for plaintiff-appellee.

Before: BRUNETTI, TASHIMA and GRABER, Circuit Judges.


TASHIMA, Circuit Judge:

Filiberto Alvarez-Tautimez (Alvarez) appeals from the district court's denial of his motion under 28 U.S.C. § 2255 to vacate or set aside his conviction on the ground of ineffective assistance of counsel. The district court concluded that Alvarez's counsel did not provide deficient assistance in failing to file a motion to withdraw Alvarez's guilty plea. We conclude, however, that, because the plea was not accepted by the district court...

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