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U.S. v. MONTALVO

No. 07-16762.

581 F.3d 1147 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Michael L. MONTALVO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2009.

Attorney(s) appearing for the Case

McGregor W. Scott, United States Attorney, and Phillip A. Talbert, Assistant United States Attorney, Chief of Appeals, Sacramento, CA, for the plaintiff-appellee.

Richard B. Mazer, Law Offices of Richard B. Mazer, San Francisco, CA, for the defendant-appellant.

Before: J. CLIFFORD WALLACE, SIDNEY R. THOMAS and JAY S. BYBEE, Circuit Judges.

WALLACE, Senior Circuit Judge:

Nearly two decades ago, a jury found Montalvo guilty of operating a continuing criminal enterprise engaged in the sale and trafficking of illegal narcotics. He was subsequently sentenced to life imprisonment. Since then, Montalvo has pursued a multitude of post-conviction motions and appeals seeking relief from his conviction and sentence. Indeed, this is the seventh time we have been called upon to review the validity of Montalvo's...

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