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U.S. v. Barron, No. 96-36058 (9th Cir.) (136 F.3d 675) (March 6, 1998) (Per Curiam)

On this rehearing, the court divided; but Judge Noonan wrote that when a § 2255 motion is brought to vacate a sentence that is illegal by virtue of a later Supreme Court ruling, the Government cannot treat that motion as a breach of the plea bargain.

"Now it is contended ...

 

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