Burleson

United States v. Burleson

Good Law
919 F.2d 146
United States Court of Appeals for the Ninth CircuitNovember 19, 199036-3_29California1,814 words

Opinion

Opinion

919 F.2d 146 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Kermit C. BURLESON, Defendant-Appellant. No. 88-15830. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1990. * Decided Nov. 19, 1990. Before CHAMBERS, FARRIS and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Kermit C. Burleson, a federal prisoner, appeals the district court's order denying his motion to vacate sentence under 28 U.S.C. Sec. 2255 . Burleson challenges the district court's failure to hold an evidentiary hearing on his claim of ineffective assistance of counsel. Further Burleson challenges procedural errors surrounding his presentence report. We have jurisdiction under 28 U.S.C. Secs. 2255 and 1291. 3 On March 19, 1985, Burleson was detained by the police when he appeared to be casing banks. During a pat-down search police found a loaded .38 caliber revolver. Two months later, on May 1, 1985, Burleson…

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