Claude E. Dixon v. United States

12 F.3d 1106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Claude E. DIXON, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee. NO. 92-16344. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1993. Decided Nov. 19, 1993. 1 Before: CNABY and NOONAN, Circuit Judges; ORRICK, District Judge * 2 MEMORANDUM ** 3 Claude E. Dixon appeals the district court's grant of summary judgment in favor of the United States with respect to his Sec. 2255 motion. We affirm. FACTS AND PRIOR PROCEEDINGS 4 The sentence Dixon collaterally attacks in the Sec. 2255 motion at issue in this appeal was imposed in 1987, when a jury convicted Dixon of two counts of mail fraud ( 18 U.S.C. Sec. 1341 ) and one count of using the mails to sell unregistered securities ( 15 U.S.C. Sec. 77 (e)(a)(2)). Following an unsuccessful appeal to this court and an equally unsuccessful motion to reduce his sentence (Fed.R.Crim.P. 35), Dixon moved under Sec. 2255 alleging…