United States v. James T. Ellis

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James T. ELLIS, Defendant-Appellant. No. 95-15129. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 8, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 James T. Ellis appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. Ellis was sentenced to 120 months of imprisonment following a guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Ellis contends that the district court failed to articulate properly its reasons when granting an upward departure. The government argues that Ellis waived his contention by failing to directly appeal his sentence. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 "[N]onconstitutional sentencing errors that have not been raised on direct appeal have been waived and generally may not be reviewed by way of 28 U.S.C.…