United States v. Nicholas A. Johnson

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Nicholas A. JOHNSON, Defendant-Appellant. No. 94-30185. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 13, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Nicholas A. Johnson appeals the district court's denial of his motion to reduce or vacate his sentence. Johnson challenges the constitutionality of 18 U.S.C. Sec. 2113 (bank robbery and incidental crimes) and the district court's jurisdiction over his bank robbery offense. Treating Johnson's appeal as one from a denial of an action pursuant to 28 U.S.C. Sec. 2255 , we conduct a de novo review. Gonzalez v. United States, 33 F.3d 1047, 1048 (9th Cir.1994). We affirm. A. Background 3 Johnson was convicted of bank robbery in violation of 18 U.S.C. Sec. 2113 (a) following a guilty plea. Subsequent to his conviction, Johnson filed various motions in the…