United States v. Edward E. Allen

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edward E. ALLEN, Defendant-Appellant. No. 92-35176. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1992. * Decided Nov. 20, 1992. Before TANG, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Edward E. Allen ("Allen") appeals the district court's denial of his 28 U.S.C. § 2255 motion. Allen pleaded guilty on October 13, 1987, to one count of tax evasion, filed in Arizona, and to one count of fraudulent bank loan application, filed in Oregon. On December 17, 1987, judgment was entered and Allen was placed on five years probation. Allen was also ordered to pay $11,612 in restitution. On March 31, 1988, a petition to revoke his probation was filed, and a hearing was held before Judge Marsh on July 28, 1988. Judge Marsh continued the probation with additional restrictions. On May 15, 1991, Allen filed a § 2255 motion. The district…