John L. Pascucci 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John L. PASCUCCI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-15504. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1992. * Decided Oct. 21, 1992. Before JAMES R. BROWNING, DAVID R. THOMPSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 John Pascucci appeals from the denial of his motion to correct his sentence under 28 U.S.C. § 2255 . We affirm. 3 Pascucci previously appealed his sentence unsuccessfully. After the decision came down in his appeal, but while his motion for rehearing was still pending on the direct appeal, Pascucci filed the unsuccessful § 2255 motion which is the subject of this appeal. We review the denial of a § 2255 motion de novo. United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990). 4 The district court properly denied the § 2255 motion, because a § 2255 motion may not be heard while an appeal is…