United States v. James Kenneth Gardner

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Kenneth GARDNER, Defendant-Appellant. No. 95-55842. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 15, 1996. Before: HUG, Chief Judge, SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner James Kenneth Gardner appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction and sentence for unarmed bank robbery ( 18 U.S.C. § 2113 (a)), armed bank robbery ( 18 U.S.C. § 2113 (a), (d)), and use of a firearm during a crime of violence ( 18 U.S.C. § 924 (c)). He contends: (1) there was insufficient evidence to support his convictions for armed robbery and use of a firearm during a robbery; (2) his double jeopardy rights were violated when the government tried him for the armed robbery counts after he pled guilty to the unarmed components of those…