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U.S. v. ARVIZU

No. 00-3300.

270 F.3d 605 (2001)

UNITED STATES of America, Appellee, v. Gregorio V. ARVIZU, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 6, 2001.

Attorney(s) appearing for the Case

James C. Stecker, Columbus, NE, for appellant.

Nancy A. Svoboda, Asst. U.S. Atty., Omaha, NE, Michael G. Heavican, U.S. Atty., on the brief, for appellee.

Before MURPHY, BEAM, and BYE, Circuit Judges.

MURPHY, Circuit Judge.

Gregorio Arvizu pled guilty to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and was sentenced to fifty two months in prison. Arvizu filed a notice of appeal fifty seven days later, and the appeal was dismissed as untimely. Arvizu later moved under 28 U.S.C. § 2255 to vacate his sentence. The district court1 denied the motion, and we granted a certificate of appealability...

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