United States v. Rodolfo Espinoza Abarca, United States of America v. Espinoza Rodolfo Abarca

CANBY, Circuit Judge:

Rodolfo Abarca-Espinoza 1 brings a consolidated appeal challenging (1) the seven-year sentence the district court imposed upon his plea of guilty to possession of cocaine with intent to distribute, and (2) the district court’s denial of his motion, under 28 U.S.C. § 2255, for modification of his sentence.

We affirm.

DISCUSSION

Abarca contends that the district court erred in refusing to hold an evidentiary hearing in which Abarca would present newly discovered partially exculpatory evidence entitling him to modification of his sentence. In his plea agreement, Abarca waived…