United States v. Lelas Charles Gentry

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lelas Charles GENTRY, Defendant-Appellant. No. 94-56440. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 27, 1995. Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Lelas Charles Gentry appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside or correct his sentence. A jury convicted Gentry in 1992 of conspiring to present false claims to the government and making false claims in violation of 18 U.S.C. Secs. 286 and 287. We review de novo a district court's decision on a Sec. 2255 motion. Grady v. United States, 929 F.2d 468, 470 (9th Cir.1991). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 Gentry contends that his trial counsel was ineffective for failing to detect certain flaws in the indictment which, he alleges, resulted in a…