United States v. John Wesley Helms

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Respondent-Appellee, v. John Wesley HELMS, Petitioner-Appellant. No. 92-56533. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1994. * Decided April 6, 1994. 1 Before: WIGGINS and T.G. NELSON, Circuit Judges, and REED, ** District Judge. 2 MEMORANDUM ** 3 Petitioner appeals from the district court's denial of his 28 U.S.C. Sec. 2255 motion. On July 19, 1990 petitioner was convicted of armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a), (d). The district court sentenced petitioner to 262 months in prison, to be followed by five years of supervised release. We affirmed petitioner's conviction and sentence. 4 On August 12, 1992, petitioner Helms filed a motion pursuant to 28 U.S.C. Sec. 2255 to vacate or set-aside his sentence. The motion was denied by order of the district court dated October 27, 1992. Judgment was entered on October 28, 1992. Appellant filed a…