United States v. Toro-Aristizibal

USCA1 Opinion









November 3, 1992 [NOT FOR PUBLICATION]


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT




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Nos. 92-1751
92-1752




UNITED STATES,

Appellee,

v.

AMPARO TORO-ARISTIZABAL,

Defendant, Appellant.


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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge]
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Before

Breyer, Chief Judge,
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Torruella and Cyr, Circuit Judges,
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Amparo Toro-Aristizabal on brief pro se.
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A. John Pappalardo, United States Attorney, and Stephen P.
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Heymann, Assistant United States Attorney, on Motion for Summary
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Disposition for appellee.













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Per Curiam. On this consolidated appeal, we
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summarily affirm the district court's denial of appellant's

"Motion for Stay of Judgment" as moot. We also affirm the

district court's denial of appellant's "Motion to Correct

Judgment and Commitment Order Restitution on Count Three of

the Indictment," which was improperly brought under Fed. R.

Crim. P. 35(a). This affirmance is without prejudice to any

rights appellant may have to pursue a petition under 28

U.S.C. 2255, should she contend that relief is properly

available to her under that statute.

So ordered.
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