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U.S. v. ROMERO

No. 96-56392.

183 F.3d 1145 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Salvador ROMERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1999.

Attorney(s) appearing for the Case

Salvador Romero, Pro per, Fort Worth, Texas, defendant-appellant.

Becky S. Walker, Assistant United States Attorney, Criminal Appeals Section, Central District of California, Los Angeles, California, for the plaintiff-appellee.

Before: BRUNETTI, RYMER, and SILVERMAN, Circuit Judges.

SILVERMAN, Circuit Judge:

Salvador Romero appeals pro se the denial of his 28 U.S.C. § 2255 motion challenging the validity of his guilty plea to use of a firearm in relation to a drug offense. See 18 U.S.C. § 924(c)(1). Romero correctly notes, and the government concedes, that his conduct is insufficient to sustain the conviction under the "use" prong. Moreover, although Romero admitted facts sufficient to satisfy the "carry" prong of § 924...

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