Charles David Nye v. United States

60 F.3d 834 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles David NYE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-17084. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1995. * Decided July 7, 1995. Before: FLETCHER, KOZINSKI, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Charles David Nye appeals the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. 1 Nye contends that the district court erred by not holding an evidentiary hearing on his ineffective assistance of counsel claim. The government argues that we lack jurisdiction over Nye's appeal. We agree and accordingly dismiss the appeal. 3 The district court denied Nye's pro se 28 U.S.C. Sec. 2255 motion on May 17, 1994. On November 3, 1994, through counsel, Nye filed a motion in the district court, requesting an extension of time to file a notice of appeal under Fed.R.App.P. 4(a)(5) or (6). 2 The district…