United States v. Lawrence Simmons

972 F.2d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lawrence SIMMONS, Defendant-Appellant. No. 91-16377. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 14, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. MEMORANDUM ** Lawrence Simmons, a federal prisoner, appeals pro se the denial of his fourth 28 U.S.C. § 2255 motion. Simmons was convicted by jury trial for armed bank robbery and sentenced to 25 years imprisonment. He contends that the district court erred by denying his claims that (1) the jury instruction on the inferences to be drawn from Simmons's possession of stolen property improperly shifted the burden of proof to the defense; (2) when the trial court severed Simmons's trial, it should have informed him that it would admit a shirt and a gun also used at a codefendant's trial and that he could move to suppress this evidence; and (3) he received…