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U.S. v. LOPEZ-AGUILAR

No. 17-2121.

912 F.3d 1327 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin LOPEZ-AGUILAR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED January 15, 2019.

Attorney(s) appearing for the Case

Submitted on the briefs*:

James D. Tierney, Acting United States Attorney, and C. Paige Messec, Assistant United States Attorney, Albuquerque, New Mexico, for Plaintiff-Appellee.

Benjamin A. Gonzales, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant.

Before BACHARACH, BALDOCK, and EBEL, Circuit Judges.

This appeal grew out of a plea agreement in which the defendant waived his right to collaterally challenge his conviction. Despite the waiver, the defendant collaterally challenged the conviction under 28 U.S.C. § 2255. The district court dismissed the challenge without ruling on the waiver, holding instead that the...

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