Opinion
No. 13-3041
08-15-2013
UNITED STATES OF AMERICA v. DIODAYAN LEDESMA-CUESTA, Appellant
GLD-367
NOT PRECEDENTIAL
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Criminal No. 2:01-cr-00374-001)
District Judge: Honorable Stewart Dalzell
Submitted for Possible Summary Action
Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
August 1, 2013
Before: FUENTES, FISHER and VANASKIE, Circuit Judges
OPINION
Diodayan Ledesma-Cuesta appeals an order denying his 28 U.S.C. § 1651 petition. We have jurisdiction pursuant to 28 U.S.C. § 1291. Having dealt with near-identical appeals from Ledesma-Cuesta in the recent past, we will summary affirm for substantially the same reasons discussed in our August 2012 opinion. See United States v. Ledesma-Cuesta, 476 F. App'x 412, 412 (3d Cir. 2012) (nonprecedential per curiam); see also 3d Cir. L.A.R. 27.4; 3d Cir. I.O.P. 10.6. To the extent that Ledesma-Cuesta relies on Kessack v. United States, No. C05-1828Z, 2008 U.S. Dist. LEXIS 7739 (W.D. Wash. Jan. 18, 2008), we have previously declined to follow that case, and the Ninth Circuit has explicitly rejected its outcome. See United States v. Gamboa, 608 F.3d 492, 495 (9th Cir. 2010) (explaining that Kessack is "contrary to the law of [the Ninth] Circuit"); Massey v. United States, 581 F.3d 172, 174 n.2 (3d Cir. 2009) (per curiam).