United States v. Kenneth L. Green, A/K/A Ken Green, A/K/A Lee Kotomoto, A/K/A Sam Yen, A/K/A Sammy Yen
Opinion
Opinion
10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth L. GREEN, a/k/a Ken Green, a/k/a Lee Kotomoto, a/k/a Sam Yen, a/k/a Sammy Yen, Defendant-Appellant. No. 93-35134. United States Court of Appeals, Ninth Circuit. Submitted Aug. 30, 1993. * Decided Nov. 12, 1993. Before: CHOY, GOODWIN and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Kenneth L. Green pleaded guilty to eighteen counts of wire fraud in September 1992. Shortly after sentencing, Green filed a direct appeal with this court, which is currently pending. In January 1993, Green filed a motion to vacate the sentence under 28 U.S.C. Sec. 2255 . The district court denied this motion because of the pending appeal, and Green appeals from this denial. We affirm. 3 A district court generally "should not entertain a habeas corpus petition while there is an appeal pending in this court." Feldman v. Henman, 815 F.2d 1318, 1320 (9th Cir.1987). One reason…