Beardslee
United States v. Beardslee
Opinion
Opinion
MEMORANDUM
After a 1996 jury trial, Appellant Florence Martha Beardslee was found guilty of arson under 18 U.S.C. § 844 (i), conspiracy to commit arson under 18 U.S.C. § 371 , mail fraud under 18 U.S.C. § 1341 , and use of a fire to commit a felony under 18 U.S.C. § 844 (h). This Court ultimately affirmed the conviction and remanded for re-sentencing. United States v. Beardslee, 197 F.3d 378 (9th Cir.1999).
After re-sentencing, Beardslee filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 . The district court received extensive briefing, held an evidentiary hearing, and denied the petition. We have jurisdiction over Beard-slee’s appeal pursuant to 28 U.S.C. §§ 1291 and 2253(a). We review the district court’s decision de novo, Leavitt v. Arave, 383 F.3d 809, 815 (9th Cir.2004), and affirm.
I.
Beardslee makes six arguments: (1) insufficient evidence was introduced at trial to show that her warehouse was used in interstate commerce; (2) the jury instruction on the § 844(i) count was erroneous and prejudicial; (3) her trial counsel was ineffective; (4) the district court erred in failing to rule on all issues submitted in her § 2255 petition; (5) the…