United States v. Gerald Van Hoorelbeke

94 F.3d 654 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerald VAN HOORELBEKE, Defendant-Appellant. No. 95-16073. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 16, 1996. Before: BROWNING, SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Gerald Van Hoorelbeke appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction and sentence following his jury conviction for narcotics and firearms violations. He contends that: (1) his conviction was obtained through the knowing use of perjured testimony; (2) the government withheld exculpatory evidence; (3) the district court erred when it instructed the jury on its duty to follow the law; (4) his felon in possession of a firearm conviction was improperly used to enhance his sentence; (5) his prior state convictions were improperly admitted into evidence; and (6) he received…