United States v. Michael Palmieri

99 F.3d 1148 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael PALMIERI, Defendant-Appellant. No. 95-10548. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1996. * Decided Oct. 21, 1996. 1 Before: BEEZER and THOMPSON, Circuit Judges, and GILLMOR, ** District Judge. 2 MEMORANDUM *** 3 Michael Palmieri appeals from the district court's denial of his motion to vacate his sentence. Palmieri pleaded guilty to one count of possessing a counterfeited security of an organization with the intent to deceive another organization, in violation of 18 U.S.C. § 513 (a). Although the plea agreement provided that Palmieri waived his right to appeal issues relating to his sentence, Palmieri seeks to vacate his sentence because, he contends, the indictment failed to allege the jurisdictional element under section 513(a). We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. FACTS 4 In June 1992, a…