Ware

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-15609 Plaintiff-Appellee, D.C. Nos. v.  CV-98-01710-LDG

CR-95-00311-1-

JON RAYMOND WARE,

Defendant-Appellant. LDG

 OPINION

Appeal from the United States District Court for the District of Nevada Lloyd D. George, Senior District Judge, Presiding

Argued and Submitted February 18, 2005—San Francisco, California

Filed August 5, 2005

Before: Sidney R. Thomas, Richard A. Paez, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Callahan

10127 UNITED STATES v. WARE 10129

COUNSEL

Osvaldo E. Fumo, Las Vegas, Nevada, for the defen- dant-appellant.

Daniel G. Bogden, United States Attorney, and Robert A. Bork, Assistant United States Attorney, Las Vegas, Nevada, for the plaintiff-appellee.

OPINION

CALLAHAN, Circuit Judge:

After his conviction in district court for two counts of bank robbery, the petitioner filed a motion to vacate his sentence 10130 UNITED STATES v. WARE under 28 U.S.C. § 2255, claiming that the government had presented insufficient evidence of the banks’…