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U.S. v. SCHWARTZ

No. 00-35719.

274 F.3d 1220 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Valerie Jo SCHWARTZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 14, 2001.

Attorney(s) appearing for the Case

Stephen R. Sady, Assistant Federal Public Defender, Portland, Oregon, for the defendant-appellant.

Frank Noonan, Assistant United States Attorney, Portland, Oregon, for the plaintiff-appellee.

Before: DAVID R. THOMPSON, TASHIMA, and GRABER, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Valerie Jo Schwartz appeals the district court's denial of her motion under 28 U.S.C. § 2255 to vacate, set aside, or correct her sentence. We hold that Schwartz's § 2255 motion is barred by the statute of limitations, notwithstanding: (1) the possibility of a sentence reduction under Rule 35 of the Federal Rules of Criminal Procedure; and (2) her continuing obligation under a...

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