United States v. James Byers Estes, Jr.

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Byers ESTES, Jr., Defendant-Appellant. No. 96-15220. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 26, 1996. Before: BROWNING, SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Defendant-appellant James Byers Estes, Jr. ("Estes"), a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside or correct his sentence. We review de novo a district court's denial of a § 2255 motion, Doganiere v. United States, 914 F.2d 165, 167 (9th Cir.1990), cert. denied, 499 U.S. 940 (1991). We have jurisdiction over this appeal under 28 U.S.C. §§ 1291 and 2255. We affirm. BACKGROUND 3 On June 17, 1992, Nevada prison authorities released Estes, who was serving a two year state sentence for possession of a controlled substance, into federal custody pursuant to…