United States v. John Wesley Helms

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Wesley HELMS, Defendant-Appellant. No. 95-55985. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 23, 1996. Before: BROWNING, SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 John Wesley Helms appeals pro se the district court's order denying his 28 U.S.C. § 2255 motion to vacate, set aside or correct his sentence. Helms was convicted, following a jury trial, of armed bank robbery. We review de novo a district court's decision on a section 2255 motion. Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994). We have jurisdiction pursuant to 28 U.S.C. § 2255 , and we affirm. 3 Helms first argues that the district court erred when it declined to depart downward on the basis that his criminal history score overstated the seriousness of his criminal history. A district court's discretionary decision not to…