United States v. Gallegos

Defendant Theodore Lewis Gallegos appeals from the district court’s August 18, 1997 Order denying his motion under 28 U.S.C. § 2255.

In 1994, Defendant pled guilty to one count of making a false statement while obtaining a firearm in violation of 18 U.S.C. § 922(a)(6) and was sentenced to a sixty-month term followed by three years of supervised release. No appeal was taken.

In October 1994, he filed his first 28 U.S.C. § 2255 motion, contending his plea was involuntary, and he received ineffective assistance of counsel. On December 28, 1994, the district court denied the motion on the merits.…