United States v. Lonnie Schmidt

5 F.3d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lonnie SCHMIDT, Defendant-Appellant. No. 92-16445. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided Sept. 8, 1993. 1 Appeal from the United States District Court for the Eastern District of California, D.C. No. CV-92-00320-1kk; Lawrence K. Karlton, District Judge, Presiding. 2 E.D.Cal. 3 AFFIRMED. 4 Before: HUG and LEAVY, Circuit Judges and REAL, ** Chief District Judge 5 MEMORANDUM *** 6 Defendant LONNIE SCHMIDT (SCHMIDT) pro-se appeals the denial of his motion pursuant to 28 U.S.C. Sec. 2255 and Rule 60(b), Fed.R.Civ.P. Many of the matters raised by SCHMIDT have been previously disposed of in United States v. Schmidt, 947 F.2d 362 (9th Cir.1991). The remainder of the matters raised are without merit and we affirm. 7 SCHMIDT alleges that the prosecutor usurped the function of the grand jury that returned his indictment. We review…