United States v. Joyce Berry

Good Law
36 F.3d 1103·1994 WL 519865·1994 U.S. App. LEXIS 33793
United States Court of Appeals for the Ninth CircuitSeptember 22, 199494-15205California1,045 words

Opinion

Opinion

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joyce BERRY, Defendant-Appellant. No. 94-15205. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 22, 1994. Before: SNEED, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Joyce Berry ("Berry" or "defendant") appeals the district court's denial, following this court's remand for an evidentiary hearing, in her 28 U.S.C. Sec. 2255 motion to vacate, set aside or correct her sentence. Berry was convicted following a jury trial of armed bank robbery, the use of a weapon in committing a violent crime, and aiding and abetting, in violation of 18 U.S.C. Secs. 2213 (a) and (d), and 924(c). We have jurisdiction pursuant to 28 U.S.C. Sec. 2255 . We review de novo the denial of a motion under 28 U.S.C. Sec. 2255 . United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990). We affirm. 3 Berry contends the district court erred…

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