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U.S. v. VARGAS

No. 03-3105.

393 F.3d 172 (2004)

UNITED STATES of America, Appellee v. Michael Angelo VARGAS, Appellant

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 2004.

Attorney(s) appearing for the Case

Cheryl D. Stein, appointed by the court, argued the cause and filed the brief for appellant Michael Angelo Vargas.

Lisa H. Schertler, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, Barbara J. Valliere and John R. Fisher, Assistant U.S. Attorneys. Roy W. McLeese, III, Assistant U.S. Attorney, entered an appearance for appellee.

Before: EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

RANDOLPH, Circuit Judge.

Michael A. Vargas is serving a lengthy sentence for committing federal crimes. Invoking 28 U.S.C. § 2255, he filed an action to have his conviction set aside. The district court ruled against him in 2001 and this court affirmed in an unpublished opinion. In 2003, Vargas filed a motion seeking relief under FED. R. CIV. P. 60(b) from the district court's denial of his § 2255 petition. The rule permits a district court to relieve a...

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