Thomas

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-56750 Plaintiff-Appellee, D.C. Nos. v.  CV-02-00179-RT

CALVIN THOMAS, CR-96-00006-RT

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the Central District of California Robert J. Timlin, District Judge, Presiding

Argued and Submitted June 7, 2005—Pasadena, California

Filed August 3, 2005

Before: Betty B. Fletcher, Pamela Ann Rymer, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Rymer; Concurrence by Judge B. Fletcher

9077 9080 UNITED STATES v. THOMAS

COUNSEL

Gary P. Burcham, San Diego, California, for defendant- appellant Calvin Thomas.

Alka Sagar, Assistant United States Attorney, Los Angeles, California, for plaintiff-appellee the United States.

OPINION

RYMER, Circuit Judge:

Calvin Thomas appeals the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his federal criminal con- victions for bank robbery, Hobbs Act robbery, assault on a federal officer, and gun charges in connection with these offenses. The issue…