United States v. William Jearell Bircher

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. William Jearell BIRCHER, Defendant-Appellant. No. 95-15523. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 22, 1995. Before: ALARCON, FERNANDEZ and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner William Jearell Bircher appeals pro se the district court's summary dismissal of his 28 U.S.C. Sec. 2255 motion challenging his conviction and 120 month sentence imposed for cocaine distribution and use of a firearm. We have jurisdiction under 28 U.S.C. Sec. 2255 , and we affirm. 3 Bircher contends that his conviction must be vacated on the ground that the search warrants used to obtain evidence against him were obtained through violations of Fed.R.Crim.P. 41 because his copies of the search warrants do not reflect timely original signatures of the magistrate judge issuing them, and the district court docket does not reflect…