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U.S. v. BARAJAS-DIAZ

No. 01-2298.

313 F.3d 1242 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Emiliano BARAJAS-DIAZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 3, 2002.

Attorney(s) appearing for the Case

Submitted on the briefs:

Kari Converse, Albuquerque, NM, for Defendant-Appellant.

David C. Iglesias, United States Attorney, Norman Cairns, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Before O'BRIEN and PORFILIO, Circuit Judges, and KANE, Senior District Judge.

KANE, Senior District Judge.

Defendant-appellant Emiliano Barajas-Diaz ("Barajas") appeals from the district court's order denying his 28 U.S.C. § 2255 motion to vacate, correct or set aside his sentence.1 Barajas raises two claims in his appeal, one based on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and the other...

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