Powell

884 F.2d 583 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Clarence Lawrence POWELL, Defendant-Appellant. No. 88-1228. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1989. * Decided Aug. 25, 1989. Before CHOY, ALARCON and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Clarence Lawrence Powell appeals pro se the district court's denial of his motion brought pursuant to Federal Rules of Criminal Procedure 11, 32(c)(3)(D) and 35(a). Powell contends that the government violated his plea agreement by using four dismissed counts to determine his offense severity category and his parole eligibility. The district court liberally construed appellant's motion as a petition for habeas corpus under 28 U.S.C. Sec. 2255 and denied the petition on the merits. We reverse and remand. 3 Powell challenges only the effect his plea agreement had on the determination of his offense severity category and his…