United States v. Ildefonso Reina-Herrera

891 F.2d 296 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. ILDEFONSO REINA-HERRERA, Defendant-Appellant. No. 88-5405. United States Court of Appeals, Ninth Circuit. Submitted Oct. 23, 1989. * Decided Dec. 6, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Appellant, Ildefonso Reina-Herrera, appeals pro se from the district court's denial of his Federal Rule of Criminal Procedure 35 Motion to Correct an Illegal Sentence. Reina contends on appeal that the district court erred in upholding consecutive terms of imprisonment for the crimes of conspiracy to possess and distribute cocaine, 21 U.S.C. § 846 , and possession with intent to distribute cocaine, 21 U.S.C,. § 841(a)(1), because the criminal conduct was a continuous single scheme. He also contends that the district courts were powerless to impose consecutive terms without specific statutory authorization which did not exist until…