United States v. Austin Joseph Leahy

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Austin Joseph LEAHY, Defendant-Appellant. No. 93-17240. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 18, 1994. Before: HUG, D.W. NELSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Austin Joseph Leahy, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. Leahy was sentenced to a one year period of incarceration for violation of probation. Leahy contends the district court erred when it denied his motion for vacation of sentence on the basis that the court lacked jurisdiction to sentence him for violation of probation. We have jurisdiction pursuant to 28 U.S.C. Sec. 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and affirm. 3 Leahy pled guilty to three counts of mail fraud and, on August 25, 1986, was sentenced on each of two counts to…