United States v. Johnny Keith Walker, Sr., United States of America v. Floyd Lloyd Wells

97 F.3d 1463 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnny Keith WALKER, Sr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Floyd Lloyd WELLS, Defendant-Appellant. No. 96-15230, 96-15343. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. * Decided Sept. 26, 1996. Before: FLETCHER, BRUNETTI, and JOHN T. NOONAN, Jr., Circuit Judges. 1 MEMORANDUM ** 2 Johnny Keith Walker and Floyd Lloyd Wells appeal pro se the district court's denial of their 28 U.S.C. § 2255 motions to vacate their sentences for firearm possession by a felon in violation of 18 U.S.C. § 922 (g)(1). Walker and Wells contend that: (1) the decision to prosecute in federal rather than state court was vindictive; and (2) the district court erred by not granting an evidentiary hearing. We have jurisdiction pursuant to 21 U.S.C. §§ 1291 and 2255. We review de novo the district court's denial…