William E. McDaniels v. United States

977 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 E. McDANIELS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 90-16090. United States Court of Appeals, Ninth Circuit. Submitted Oct. 13, 1992. * Decided Oct. 21, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 William E. McDaniels, a federal prisoner, appeals the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence imposed following his 1982 conviction by jury trial for four counts of armed bank robbery, in violation of 18 U.S.C. § 2113 (a) & (d). McDaniels contends that the district court erred by (1) refusing to reduce his 25-year sentence on the basis that at sentencing it had relied on factual errors about prior convictions in his presentence report (PSR) and (2) failing to rule on his motion to correct the PSR. The government contends that (1) this appeal should be dismissed for abuse of…