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U.S. v. BRAVO-DIAZ

No. 02-50031.

312 F.3d 995 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Jose BRAVO-DIAZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2002.

Attorney(s) appearing for the Case

Patrick K. O'Toole, United States Attorney (on brief), Carol C. Lam, United States Attorney (when opinion was filed), Dorn G. Bishop, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellant.

Benjamin Sanchez, Jr., San Diego, CA, for the defendant-appellee.

Before HALL, THOMPSON, and WARDLAW, Circuit Judges.

OPINION

PER CURIAM.

The United States of America appeals from an order of the district court vacating a 1974 drug-smuggling conviction of appellee, Jose Bravo-Diaz. The district court, purporting to act under 28 U.S.C. section 1651(a) (the "All Writs Act"), vacated Bravo-Diaz's conviction in a document styled as an "Order Granting Defendant's Writ for Relief from Judgment." The United States contends that the district...

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