John Joseph Gallimore, v United States of America

Good Law
891 F.2d 294·1989 WL 150090·1989 U.S. App. LEXIS 18389
United States Court of Appeals for the Ninth CircuitDecember 4, 198989-15369California529 words

Opinion

Opinion

891 F.2d 294 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Joseph GALLIMORE, Petitioner-Appellant, v UNITED STATES of America, Respondent-Appellee. No. 89-15369. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1989. * Decided Dec. 4, 1989. Before SNEED, FLETCHER and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 John Joseph Gallimore, a federal prisoner, appeals pro se the district court's order denying his 28 U.S.C. § 2255 motion to vacate his sentence. On appeal, Gallimore contends that the district court was without jurisdiction to accept his guilty plea because (a) the indictment incorrectly alleged that the bank Gallimore robbed was insured by the federal government, (2) the grand jury foreman who signed the indictment was not under oath, and (3) the prosecutor's use of the indictment constituted a fraud. 1 3 We have jurisdiction under 28 U.S.C. §§ 1291 and 2255. We find all Gallimore's claims meritless. His first claim,…

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