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United States v. Flores

filed*fn*: October 26, 1992.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ENRIQUE FLORES, DEFENDANT-APPELLANT.



Appeal from the United States Court for the District of Arizona. D.C. Nos. CV-90-01641-PHX, CR-89-00008-PHX-CLH. Charles L. Hardy, District Judge, Presiding

Before: Beezer, Hall, and Wiggins, Circuit Judges.

MEMORANDUM

Enrique Flores, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. We review de novo, United States v. Angelone, 896 F.2d 1129, 1130 (9th Cir. 1990), and we affirm.

Flores contends that he was improperly sentenced under the Sentencing Guidelines ("Guidelines") because the crimes for which he was convicted occurred during a time when the Ninth Circuit held the Guidelines to be unconstitutional. This contention lacks merit.

The Guidelines apply retroactively to defendants sentenced during the window period between the Ninth Circuit's decision declaring the Guidelines unconstitutional and the Supreme Court's decision upholding the constitutionality of the Guidelines. See United States v. Litteral, 910 F.2d 547, 553 (9th Cir. 1990). Accordingly, Flores was properly sentenced under the Guidelines and the district court properly denied his section 2255 motion.

AFFIRMED.

Disposition

AFFIRME ...


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