United States v. Wayne Thomas Wagner

983 F.2d 1080 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Wayne Thomas WAGNER, Defendant-Appellant. No. 91-35907. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 31, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Wayne Thomas Wagner, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Wagner was convicted after jury trial for use of a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1). We review de novo, United States v. Poopola, 881 F.2d 811, 812 (9th Cir.1989), and we affirm. 3 Wagner alleges that his federal weapons possession prosecution violated the double jeopardy clause because a state court had previously determined that it would not take into account possession of this same weapon when determining the sentence to be imposed in a state…