United States v. Monte Berrett

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Petitioner-Appellant, v. Monte BERRETT, Respondent-Appellee. No. 92-15226. United States Court of Appeals, Ninth Circuit. Submitted Oct. 22, 1992. * Decided Oct. 26, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Monte Berrett, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. He was convicted by guilty plea of escape from a federal prison, in violation of 18 U.S.C. § 751 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Doganiere v. United States, 914 F.2d 165, 167 (9th Cir.1990), cert. denied, 111 S.Ct. 1398 (1991), and affirm. 3 Berrett contends that (1) he was not guilty of escape within the meaning of section 751; and (2) there was no jurisdiction to punish him under section 751, and to do so amounted to double jeopardy.…