United States v. Dennis Eugene Gardner

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dennis Eugene GARDNER, Defendant-Appellant. No. 93-56143. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 16, 1994. Before: HUG, D.W. NELSON, and FERNADEZ, Circuit Judges. 1 MEMORANDUM ** 2 Dennis E. Gardner, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2255 motion to vacate his sentence. We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and we affirm. 3 In October 1989, Gardner pleaded guilty to one count of bank robbery in violation of 18 U.S.C. Sec. 2113 (a). In January 1990, the district court sentenced Gardner to a fourteen-year term of imprisonment. In his section 2255 motion, Gardner argued that his sentence was illegal because it exceeded the twelve-year statutory maximum for Class C felonies set forth in 18 U.S.C. Sec. 3581 . 4 This court…