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U.S. v. BARRAGAN-MENDOZA

No. 97-30264.

174 F.3d 1024 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel BARRAGAN-MENDOZA, aka Gabriel Barragan-Barragan aka Gabriel Barragan, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 19, 1999.

Attorney(s) appearing for the Case

Michael Donahoe, Assistant Federal Defender, Federal Defenders of Montana, Helena, Montana, for the defendant-appellant.

Bernard F. Hubley, Assistant United States Attorney, Helena, Montana, for the plaintiff-appellee.

Before: SKOPIL, REINHARDT and GRABER, Circuit Judges.

SKOPIL, Circuit Judge:

I. Overview

Gabriel Barragan-Mendoza (Barragan) pleaded guilty to unlawful possession with intent to distribute cocaine and unlawful distribution of cocaine and was sentenced. After the government filed a motion to reconsider that sentence, the district court held an evidentiary hearing and entered an amended judgment increasing Barragan's sentence. Barragan contends on appeal that the district court was without jurisdiction to amend...

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