William A. Roberts v. United States

972 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William A. ROBERTS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 91-16507. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 20, 1992. MEMORANDUM ** Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 William A. Roberts, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction. Roberts contends the district court improperly construed his post-conviction "Motion to Dismiss Defective Indictment Pursuant to Fed.Rule of Crim.Proc. 12(B)(2)" as a section 2255 motion and therefore denied it on an improper basis. We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and we affirm. 2 Section 2255 "has long been available to attack convictions and sentences entered by a court without jurisdiction." United States v. Addonizio, 442 U.S. 178, 185 (1979); see…