Unpublished Disposition, 848 F.2d 198 (9th Cir. 1988)

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U.S. Court of Appeals for the Ninth Circuit - 848 F.2d 198 (9th Cir. 1988)

Stephen L. FELICIANA, Plaintiff-Appellant,v.UNITED STATES of America, Defendant-Appellee.

No. 87-1615.

United States Court of Appeals, Ninth Circuit.

Submitted April 11, 1988.* Decided May 18, 1988.

Before FERGUSON and LEAVY, Circuit Judges, and STEPHEN V. WILSON,***  District Judge.


Appellant Stephen Feliciana has appealed the district court's dismissal without an evidentiary hearing of his motion to vacate his guilty plea and sentence, made pursuant to 28 U.S.C. § 2255. In light of this court's decision in United States v. Espinoza, No. 86-5565 (9th Cir. Mar. 9, 1988), we reverse and remand for an evidentiary hearing.



This panel unanimously agrees that this case is appropriate for submission without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3


The Honorable Stephen V. Wilson, United States District Judge, Central District of California, sitting by designation