Christensen

United States v. Christensen

Good Law
119 F. App'x 884
United States Court of Appeals for the Ninth CircuitDecember 23, 2004No. 03-16336California1,602 words

Opinion

Lead Opinion

MEMORANDUM ***

Lonnie Christensen (“Christensen”) seeks to appeal from the district court’s denial of his motion entitled “Status on Motion to Set Hearing Date.” We conclude that we do not have jurisdiction to entertain this appeal. Christensen’s motion constitutes a collateral attack on his conviction under 28 U.S.C. § 2255 , for which he has not obtained a certificate of appeal-ability. Accordingly, the appeal will be dismissed.

I.

The facts germane to resolution of this appeal are not in dispute. On January 17, 1996, a federal grand jury issued a second superceding fourteen-count indictment charging in part Christensen with conspiracy to commit offenses against the laws of the United States, in violation of 18 U.S.C. § 371 , filing of false tax returns, in violation of 26 U.S.C. § 7206 (1), obstruction of internal revenue laws, in violation of 26 U.S.C. § 7212 (a), obstruction of justice, in violation of 18 U.S.C. §§ 1512 (b)(2)(A), 1512(b)(1), mail fraud, in violation of 18 *886 U.S.C. § 1341 , and aiding in the preparation of false tax returns, in violation of 26 U.S.C. § 7206 (2). A jury convicted Christensen of all counts for which he was indicted on April…

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