United States v. Sean Whiteside

51 F.3d 284 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sean WHITESIDE, Defendant-Appellant. No. 94-16449. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 10, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Sean Whiteside appeals pro se the district court's denial of his motion brought under 28 U.S.C. Sec. 2255 to correct his sentence for armed bank robbery. We have jurisdiction under 28 U.S.C. Secs. 1291 , 2255. We review the denial of a section 2255 motion de novo, Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994), and we affirm. 3 The government contends that, because Whiteside waived his right to appeal in his plea agreement, he waived his right to challenge his sentence collaterally. Whiteside, however, did not expressly waive his right to bring a section 2255 motion. Thus, his plea agreement does not preclude a collateral…