ALANIZ v. U.S.

No. 02-2575.

351 F.3d 365 (2003)

Alberto ALANIZ, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 9, 2003.


Attorney(s) appearing for the Case

Cyril M. Hendricks, argued, Jefferson City, MO, for appellant.

William L. Meiners, argued, Assistant U.S. Attorney, Kansas City, MO (Todd P. Graves and Jordan Stanley, on the brief), for appellee.

Before LOKEN, Chief Judge, McMILLIAN and HANSEN, Circuit Judges.


HANSEN, Circuit Judge.

Alberto Alaniz, Jr. appeals the district court's denial of his motion under 28 U.S.C. § 2255 (1994 & Supp. V 1999) to vacate, set aside, or correct his sentence. We reverse because the district court erroneously deemed unreviewable a reviewable issue presented in Alaniz's § 2255 motion.

I.

In 1997, a jury found Alaniz guilty of conspiring to possess marijuana with intent to distribute, in violation of 21 U.S.C...

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