Court of Appeals for the Ninth Circuit July 30, 2002, No. 01-56538; D.C. No. CV-01-00211-K CR-98-03224-K (Garcia-Hernandez v. United States)

MEMORANDUM **

Roberto Garcia Hernandez appeals the district court’s denial of his 28 U.S.C. § 2255 motion, challenging the 70-month sentence he received following his guilty-plea conviction for attempted re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 2253. We review de novo a district court’s decision to deny a § 2255 petition. United States v.