United States v. Clifford J. Roberson

91 F.3d 157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Clifford J. ROBERSON, Defendant-Appellant. No. 96-10138. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 1996. Decided July 29, 1996. Before: WOOD * , CANBY, and RYMER, Circuit Judges. MEMORANDUM ** Clifford J. Roberson brings this interlocutory appeal from the district court's order setting a date for resentencing and denying his motion for release from custody. Among other things, Roberson contends that the district court lacks jurisdiction to resentence him, while the government maintains that Roberson's motion under 28 U.S.C. § 2255 challenged his sentence and thus gives the court jurisdiction to resentence. Because we agree with Roberson, and we have jurisdiction to decide this jurisdictional issue, Delave v. Agripac, Inc., 39 F.3d 235 (9th Cir.1994), cert. denied, 115 S.Ct. 1402 (1995), we vacate the district court's order…