Unpublished Disposition, 848 F.2d 198 (9th Cir. 1988)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

ORDER** 

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.

REVERSED AND REMANDED.


 *

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