United States v. Edward B. Gallup

95 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edward B. GALLUP, Defendant-Appellant. No. 96-35030. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1996. * Decided Aug. 28, 1996. Before: CHOY, SKOPIL and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Edward Gallup and others were charged and convicted of various criminal offenses stemming from their roles in operating a fraudulent health insurance scheme. We affirmed their convictions on direct appeal, United States v. O'Brien, 50 F.3d 751 (9th Cir.1995), rejecting their contention that the district court erred by imposing a two-level vulnerable victim enhancement pursuant to U.S.S.G. § 3A1.1. Gallup thereafter filed this 28 U.S.C. § 2255 petition seeking review of other sentencing determinations, and raising double jeopardy and ineffective assistance of counsel claims. The district court denied relief. We affirm. 3 Gallup raises various…