Stephen George Kiba Kathleen Rebecca Kiba v. United States

29 F.3d 632 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Stephen George KIBA; Kathleen Rebecca Kiba, Petitioners-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 93-55986. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 6, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Stephen and Kathleen Kiba ("the Kibas") appeal pro se the district court's denial of their 28 U.S.C. Sec. 2255 motion. The Kibas contend that the United States lacked jurisdiction to prosecute them for conspiracy to manufacture and possess methamphetamine with intent to distribute, in violation of 21 U.S.C. Sec. 841 (a)(1). Specifically, they contend that the United States lacked territorial jurisdiction to prosecute them for crimes committed in California. Further, the Kibas assert that the indictment did not allege facts establishing jurisdiction. We review the denial of a Sec. 2255 motion de novo. United States v.…