United States v. Dennis M. Simpson

95 F.3d 1160 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dennis M. SIMPSON, Defendant-Appellant. No. 96-35036. 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 Federal prisoner Dennis M. Simpson appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Simpson contends that he is entitled to credit toward his federal sentence for time served in state custody between March 26, 1994 and May 16, 1994. We review de novo, Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir.1995), and vacate and remand with instructions to dismiss for lack of jurisdiction. 3 A federal prisoner can challenge his conviction or sentence by filing a § 2255 motion with the sentencing court. 28 U.S.C. § 2255 ; Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.), cert. denied, 488 U.S. 982 (1988).…