Thomas J. Faust v. United States

978 F.2d 714 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas J. FAUST, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 91-16557. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1992. Decided Nov. 6, 1992. Before SNEED, ALARCON and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Thomas Faust appeals from the district court's dismissal of his motion made under 28 U.S.C. § 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and affirm. 3 A jury convicted Faust on three counts of uttering checks with forged endorsements under 18 U.S.C. § 495 and on one count of embezzling proceeds from a check in violation of 18 U.S.C. § 641 . On direct appeal we reversed Faust's conviction on one forgery count, but affirmed the convictions on the remaining forgery and embezzlement counts. See United States v. Faust, 850 F.2d 575, 580, 582 (9th Cir.1988). 4 On June 1, 1987, Faust was…