United States v. Ernest D. Dunbar

5 F.3d 541 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ernest D. DUNBAR, Defendant-Appellant. No. 93-15160. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 26, 1993. Appeal from the United States District Court for the District of Nevada; No. CV-92-00777-PMP, Phillip M. Pro, District Judge, Presiding. D.Nev. AFFIRMED. Before PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 We affirm the denial of Ernest D. Dunbar's Petition for Habeas Corpus under 28 U.S.C. Sec. 2255 , which was brought in connection with Dunbar's conviction, following a guilty plea, for possession of an unregistered machine gun. 3 Dunbar argues that his guilty plea should be vacated because the police violated the Fourth Amendment in seizing his machine gun. Since he failed to raise this in his underlying criminal case or on direct appeal, Dunbar has waived this argument. United States v. Hearst,…