David S. Harrison v. United States

39 F.3d 1187 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David S. HARRISON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-55124. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1994. * Decided Nov. 8, 1994. 1 Before: D.W. NELSON, NORRIS, and BOGGS, ** Circuit Judges. 2 MEMORANDUM *** 3 Petitioner David Harrison pled guilty and was sentenced in 1989 to two ten-year prison terms and a five-year probation term for bombing and arson, in violation of 18 U.S.C. Sec. 844 (i), and aiding and abetting the interstate transportation of stolen property, in violation of 18 U.S.C. Secs. 2314 and 2. Harrison's attorney filed a timely notice of appeal, which was dismissed for lack of prosecution on June 28, 1989. Unaware that his claim had been dismissed, Harrison, sua sponte, filed a Motion for Voluntary Dismissal of Appeal on August 1, 1989. Harrison filed this Motion to Vacate, Set Aside, or Correct his sentence under 28 U.S.C. Sec.…