United States v. Robert Brian Boeckman

993 F.2d 884 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Brian BOECKMAN, Defendant-Appellant. No. 91-55974. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 7, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Robert Brian Boeckman, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate or set aside his sentence. 1 Boeckman pled guilty to two counts of mail fraud. He contends that the district court erred by not considering his claim that evidence set forth in an affidavit in support of a search warrant was illegally obtained through the search of his trash. 2 He also contends the district court erred by denying his section 2255 motion without a hearing. We review de novo the district court's denial of a section 2255 motion. Shah v. United States, 878 F.2d 1156, 1157 (9th Cir.), cert. denied, 493…