United States of America, Plaintiff-appellee, v. Daniel Carmichael, Defendant-appellant, 105 F.3d 667 (9th Cir. 1996)

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U.S. Court of Appeals for the Ninth Circuit - 105 F.3d 667 (9th Cir. 1996) Submitted Nov. 5, 1996. *Decided Nov. 7, 1996

Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges.


MEMORANDUM** 

Federal prisoner Daniel Carmichael appeals the district court's denial of his 28 U.S.C. § 2255 motion. He contends the district court erred when it denied him relief. We have jurisdiction pursuant to 28 U.S.C. § 2255. We review de novo, Frazer v. United States, 18 F.3d 778, 781 (9th Cir. 1994), and affirm.

Carmichael's claims are foreclosed by United States v. McMullen, No. 95-36031, slip op. 14007 (9th Cir. Oct. 23, 1996).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4. Accordingly, appellant's request for oral argument is denied

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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