United States v. Roger Dale Hawkins

977 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roger Dale HAWKINS, Defendant-Appellant. No. 91-16501. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Oct. 1, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Hawkins, a federal prisoner, appeals the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction and sentence for possession and illegal transfer of an unregistered machine gun. The district court had jurisdiction pursuant to 28 U.S.C. § 2255 , as do we. We review de novo, Adams v. Peterson, 968 F.2d 835, 843 (9th Cir.1992), and we affirm. 3 Hawkins contends that the district court erred when it failed to instruct the jury sua sponte on the theory of "entrapment by estoppel." In Hawkins's direct appeal of his conviction, United States v. Hawkins, No. 88-1289 (9th Cir. May 2, 1990), we held that because…